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(영문) 인천지방법원 2018.08.23 2018고단3036

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 20, 2006, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Incheon District Court, and on March 30, 2012, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for larceny, etc., and on October 16, 2015, at the Incheon Detention House on March 19, 2016, the Defendant was sentenced to 2 years of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence.

[2] Around 08:00 on March 29, 2017, the Defendant, at the victim D's house in Seo-gu Incheon Metropolitan City, 316 Dong 1803, and drinking alcohol together with the victim's daily behaviors, such as the victim, etc., and the Defendant, at around 08:0, committed a theft with a set of 1 and a set of 1 and a set of 200,000 won, which was owned by the victim who was locked or was in a locked room under the influence of alcohol by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E written statements and materials for purchase of precious metals;

1. Photographs (the clothes of the victim who has stolen the victim);

1. Before judgment: Results of inquiry, such as criminal history, investigation report (verification of the period of repeated crime, and confirmation of the suspect's three-time theft criminal record), and application of Acts and subordinate statutes as the result of screening of prisoners;

1. The offense of violation of Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act against the crime is deemed a special provision on the aggravated punishment of repeated crimes pursuant to the proviso to Article 8 of the Criminal Act, and the repeated crime is not aggravated separately.

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

1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines (a type of determination), larceny under the Act on the Aggravated Punishment of Specific Crimes, and Class 1 (joint and repeated larceny) (a special sentencing factor): The mitigated element: The number of self-denunciation [the scope of recommended punishment] shall be one year to two years (a mitigated area).

3. Determination of sentence: Imprisonment with prison labor for a year shall have the same criminal records reached several times;

For a repeated crime of the same kind, the period of repeated crime.