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(영문) 전주지방법원 군산지원 2014.02.07 2013고합168

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 12, 2007, the Defendant was sentenced to two years and six months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Eastern District Court. On March 26, 2010, the Defendant was sentenced to three years and six months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daegu East East District Court. On July 30, 2012, the Defendant completed the execution of the sentence in the North East East East

On December 14, 2013, at around 13:10 on December 14, 2013, the Defendant issued a soup to employees, as if he packages food in the D restaurant located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of 160,00 won in cash owned by the victim E of the victim E of the victim, 160,000 won in Onnuri gift certificates, 3 copies in Onnuri gift certificates, and 110,000 won in cash owned by the victim, 1,000 won in market value, and 250,000 won in market value.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Police seizure records;

1. Previous convictions indicated in judgment: Criminal references and current status of personal identification and confinement;

1. Habituality of the judgment: Considering the fact that the Defendant committed the instant crime during the repeated crime period after having been sentenced to punishment for the same criminal history, method of crime, and the same kind of crime as indicated in the judgment and the execution of the sentence was completed, the commission of larceny is recognized. The application of statutes to the law is applicable

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing [the range of applicable sentences] for the reason for sentencing under Articles 53 and 55(1)3 (the following reasons for sentencing] of the Criminal Act [the scope of applicable sentences] three to twenty-five years [the decision of applicable sentences] for the larceny crime, the category 1 for habitual and repeated larceny [the decision of recommended sentencing range] for the basic area [the scope of sentencing] for the larceny crime, the category 1 for habitual and repeated larceny [the scope of recommended sentences] [the scope of sentence] for three to six years, respectively.