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(영문) 서울중앙지방법원 2020.01.31 2019고합1046

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 2, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Northern District Court. On September 21, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Central District Court on September 21, 2012 and was sentenced for three years and six months on January 24, 2016 and was punished for the same crime.

On September 29, 2016, at around 06:30, the Defendant entered the National Medical Center BJ in Jung-gu, Jung-gu, Seoul, 245, and stolen the cash amount of KRW 68,000 in cash owned by the victim C, which was located in the United States adjacent to the beds.

As a result, the defendant was sentenced to punishment twice or more for larceny, and habitually commits larceny within three years after the execution of punishment is completed or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each investigation report (the CCTV analysis before and after the crime of a suspect, the victim on the date of occurrence and five counter investigation of the patient hospitalized in the National Medical Center B, reporting on the confirmation of the records on criminal punishment A of the suspect), output of the suspect A case, and judgment A of the suspect;

1. Application of Acts and subordinate statutes to personal confinement records, criminal records, and other inquiry records;

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to twelve years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]: The basic area of larceny (the scope of recommending areas and recommending punishment] that there is no habitual repeated offender (type 2) (the special person) under the Specific Crimes Aggravated Punishment Act; and two to four years of imprisonment.

3. Determination of sentence: A sentence of imprisonment with prison labor for a period of two years which is disadvantageous: The defendant has already been punished several times for the same kind of crime, but has not yet been released.