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(영문) 수원지방법원 안양지원 2017.09.22 2017고단1016

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 14, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) and for larceny, etc. on August 28, 2013, and was sentenced to four months of imprisonment with prison labor for larceny from the Suwon District Court’s branch on August 28, 2013, and on June 9, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc., and completed the execution of the sentence on October 13, 2016.

[2] The Defendant is a person who had worked at the “Eenecar” office operated by the victim D in Yan-gu, Seoan-gu, Seoan-gu, Seocheon-si from December 24, 2016 to December 31, 2016.

At around 07:30 on December 31, 2016, the Defendant: (a) taken up a cash check and check of an amount equivalent to KRW 1.5 million, including KRW 1.5 million, KRW 50,000, KRW 50,000, KRW 2,000, KRW 1.50,000, KRW 2,000,000, KRW 1.50,000, KRW 2,000; and

In addition, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Confirmation of identity of the thief;

1. Previous conviction in judgment: Application of a written inquiry about criminal history and investigation report (the date of release of a suspect, criminal history, pending trial, etc.);

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing under Article 55(1)3 of the Act on Reduction of Quantity - Unfavorable circumstances: A majority of criminal records of the same kind, and a repeated crime period. - favorable circumstances: the defendant seems to reflect upon recognizing the crime.