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(영문) 서울동부지방법원 2020.11.25 2020고단2511

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 16, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at Seoul Southern District Court on September 28, 2016, and was sentenced to 6 months of imprisonment with prison labor for larceny at the Sungnam Branch of the Suwon District Court on September 28, 2016. On June 20, 2019, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny, etc. at the Seoul East East District Court on June 20, 2019 and completed the execution of the sentence at the Seoul East District Court.

【Criminal Facts】

1. At around 02:10 on July 7, 2020, the Defendant left 13 street in Gwangjin-gu, Seoul Special Metropolitan City, to find out four parts of the above vehicle: B, C, D, and E-car parked at 13 street; and to establish tobacco values, the Defendant did not carry out an attempted attempt on the wind of each correction.

2. The Defendant continued to find two lots of G and H car parked in the Seoul Gwangjin-gu Seoul Special Metropolitan City Flley, G and H car located therein, and set a tobacco value, the Defendant left the above vehicle’s hand. However, the Defendant did not go to the wind, each of which was corrected, but did not go to an attempted attempt.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny or night building intrusion theft, and again committed a larceny crime within the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A report on investigation (the sequence 6 of evidence list);

1. Previous records: Criminal references, current status of personal confinement, and application of each statute of a judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] shall be the thief under the Specific Crimes Aggravated Punishment Act (Type 1].