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(영문) 수원지방법원 2016.07.08 2016재고합14 (1)

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on Nov. 5, 2004; on May 15, 2009, sentenced to five years of imprisonment with prison labor for the same crime from the mountain branch of the Jeonju District Court on May 15, 2009; completed the execution of the sentence in the Jeonju Prison on April 20, 2014; and the same criminal record is also included four times of more.

【Criminal facts】 On April 28, 2014, the Defendant entered a golf practice place with a view to cutting off walletss from the outer scam that customers exceeded at around 18:20 on April 28, 2014, and entered the golf practice place with a view to cutting off the wallets from the outer scambling in which the victim Gap used a scam for golf practice and scambling 25,00 won in cash on the scamscam where the victim gets the scam and scambling on the scambling part of the scam where the victim go to the s

They have come to her.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. On-site photographs and documentary evidence photographs;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (the previous sentence and confirmation, such as a repeated crime and a crime of larceny committed twice in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

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

1. The scope of punishment by law: Imprisonment for not less than one month but not more than 18 years;

2. The sentencing criteria are not set for habitual larceny under the Criminal Act that decides the sentence.

The crime of this case is committed by the Defendant with the money and valuables of golf practice users stolen, and the Defendant committed this case of this law, which is identical to the previous crime, in light of the fact that the Defendant was sentenced to imprisonment with prison labor for habitual larceny and was released from prison, and that the Defendant committed this case of this case in only one week.