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(영문) 수원지방법원 안산지원 2015.07.17 2015고단1601

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On March 24, 2004, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a short term, one year and ten months for a short term, ten months for a short term, and four years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, etc.) at the Incheon District Court on November 9, 2006, with prison labor for a maximum of one year and six months for a short term, with prison labor for a special larceny attempted at the Daegu District Court on August 20, 2004; and on October 18, 2012, with prison labor for a night, residential intrusion, larceny, etc. at the Daegu District Court’s branch of the Daegu District Court on October 18, 2012, and completed the execution of the sentence at around July 4, 2013.

On June 2, 2015, at around 22:55, the Defendant: (a) invaded the “E” where the victim D was residing in Ansan-gu, Ansan-si C, and went beyond the toilet window opened in his house, and then stolen the Defendant with 30,000 won in cash, resident registration certificate, etc., which was owned by the victim in the West-gu, Ansan-si; and (b) stolen the Defendant with 1 wall for women in an unrest market value.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and again stolen another's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and the result of prisoners search;

1. Article 5-4 (5), (1) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment for a limited term 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 under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment: Imprisonment with prison labor for a year from six months to twenty-five years;

2. Scope of recommending sentencing guidelines: Imprisonment with prison labor for a year and six months to three years (the scope of recommending punishment), and the area where punishment is mitigated (one year and six months to three years) (one year and six months and three years).

3. Determination of sentence: The crime of this case committed by the defendant who intrudes upon another person's residence and steals property, and the defendant commits the crime of this case.