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(영문) 서울남부지방법원 2019.05.23 2019고단1501

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 26, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Jeju High Court Jeju High Court's Jeju High Court's Jeju High Court's Jeju High Court's Jeju High Court's Jeju High Court's Jeju High Court's Branch's 10 months of imprisonment with prison labor for larceny, and on October 13, 201, September 12, 2012, the Gwangju District Court's imprisonment with prison labor for two years of larceny, etc. at the Gwangju District Court's Gwangju District Court's 2 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on October 1, 2015, three months of imprisonment with prison labor at the Chuncheon District Court's Chuncheon District Court's 26 May 26, 2016 and ten months of July 11, 2018.

Criminal facts

On March 17, 2019, at around 02:04, the Defendant discovered that a car owned by the victim C was parked in a state where the vehicle door of the victim was not locked. The Defendant opened a vehicle door of the said car and opened it into the container, and stolen the vehicle with 100,000 won in cash, which is owned by the victim, located in the container bed.

As a result, the defendant was sentenced to imprisonment not less than three times due to larceny, and is punished by larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C victim statement;

1. A report on the results of field identification;

1. A criminal investigation report (investigation of suspect moving routes), CCTV images to capture photographs;

1. Report on investigation (Uniform investigation worn by a suspect);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification with the previous records, etc.), copies of each judgment, and application of Acts and subordinate statutes to the acceptance status of each individual;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of recommendations according to the sentencing guidelines [decision of types] of larceny under the Specific Crimes Aggravated Punishment Act [Class 1] joint habitual and repeated larceny [no person] [the scope of recommendations and recommendations], the basic area of larceny, and imprisonment.