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(영문) 서울동부지방법원 2018.08.24 2018고단1023

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On June 18, 2014, the Defendant was sentenced to a two-month suspended sentence for larceny, etc. at the Seoul Eastern District Court on May 27, 2015, and was sentenced to a six-month suspended sentence for attempted larceny by the Seoul Northern District Court on August 1, 2015, and the sentence of the suspended sentence became effective upon the final judgment became final and conclusive on August 1, 2015. On January 13, 2016, the Defendant completed the execution of the sentence in the Incheon Northern Prison District Court on January 13, 2016. On June 14, 2017, the Defendant was sentenced to a six-month suspended sentence for larceny, and the execution of the sentence was terminated at the Ansan Prison District Court on October 11, 2017.

[Criminal facts]

1. Around March 14, 2018, the Defendant invadedd a structure by entering the entrance of a warehouse opened for the purpose of cutting away goods at the warehouse of the victim D’s “E” operated by Seongdong-gu Seoul, Seongdong-gu Seoul. On March 14, 2018, the Defendant: (a) committed a theft of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes; (b) one 10,000 won of the market price owned by the victim D, which was located in the said warehouse at the temporary location under the foregoing paragraph (1) of the same Article; and (c) one fluoring one fluor, the market price of which is equivalent to KRW 130,00,00,000 of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each internal investigation report (number 3, 4) and each investigation report (number 5 to 8 each time);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (formers and confirmations, etc.), personal confinement status, and application of each written judgment-related statute;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made, Article 329 of the Criminal Act (the thief) and Article 319 (1) of the Criminal Act (the point of intrusion upon a structure

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Application of the sentencing criteria [the scope of the recommended punishment].