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(영문) 의정부지방법원 2018.07.11 2018고단1724

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Seized “LG observers LET 2” (Evidence No. 1) shall be returned to the victim C.

Reasons

(c)each statement of X, Y, Z and F;

1. Voluntary submission, protocol of seizure, list of seizure, evidence of seizure, and photograph of seized articles;

1. Each investigation report (the sequence 86,90,91 of the evidence list);

1. The investigation report (No. 100 No. 100), estimates, photographs; and

1. Previous convictions in judgment: Inquiry of criminal history, investigation report (Evidence No. 89 of the evidence list), application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 5-4 (5) 1, 329, and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of criminal facts is made, Articles 149 and 145 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act (damage to public goods and option of imprisonment with labor);

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

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. Reasons for sentencing under Article 333(1) of the Victims’ Criminal Litigation Act [the scope of punishment according to the sentencing guidelines of the Supreme Court] 1, 2, and 3 (thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th) in the basic area (one year to six th th th th th th th th th th th) in the Act on the Aggravated Punishment of Specific Crimes against Victims th th th th th th th th th th th th th th th th th th th th th th th th

In particular, after the completion of the execution of the sentence on March 27, 2018, the Defendant continued to commit the same veterinary act again in 70 days after the sentence was completed, and after being detained, the Defendant was arrested to unsatisfe the party who was investigated by the prosecution and tried to flee out of the public prosecutor's office.

It is necessary to punish the defendant strictly.

However, the extent of damage caused by a small amount of cash or goods kept in the vehicle is minor, and the crime period is short of three weeks, and a large number of crimes are short of three weeks, and the fact that the crime is committed is committed on the part of the vehicle is committed on the basis of favorable circumstances.

The crime including the above circumstances is committed.