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(영문) 인천지방법원 2018.05.10 2018고단2325

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court on March 5, 2008 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and two years for the same crime in the same court on December 10, 2010, but on October 13, 2016, the same court was sentenced to imprisonment with prison labor for habitual larceny, etc. on October 13, 2016, and on October 16, 2015, the same kind of criminal records was sentenced to imprisonment with prison labor for one year and six months for special larceny, etc. at the same court on January 13, 2017 and completed the execution of the sentence at the Gwangju District Court on January 13, 2017.

[2] On October 23, 2017, the Defendant: (a) around 04:30 on October 23, 2017, while working at the “D” restaurant in Jung-gu, Incheon; (b) around 04:910, Jung-gu, Incheon; (c) around 04:30 on October 23, 2017; (d) around 910, Jung-gu, Incheon, the accommodation staff of the above restaurant; (d) on the part of the other victim F, the victim F, and the victim G, the amount of KRW 100,000 in cash located therein; and (e) on the part of the other victim F, the amount of KRW 20,000 in the United Nations currency, foreigners’ registration certificate, driving license certificate, and the amount of KRW 50,000 in cash owned by the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Previous convictions: Inquiries about criminal history and application of each Act and subordinate statutes reporting criminal investigations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes shall be deemed a special provision on the aggravated punishment of repeated crimes pursuant to the proviso to Article 8 of the Criminal Act in light of the establishment of a phrase of aggravated punishment and the necessity of a consistent interpretation with the Constitution, etc.);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is 【The scope of recommending punishment】 the basic area [1 year and six years - 3 years ] the similarity with the previous crime and the seriousness of dampness, damage.