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(영문) 춘천지방법원 2019.08.30 2019고합55

특정범죄가중처벌등에관한법률위반(절도)

Text

The punishment of the accused shall be three years of imprisonment.

Seized evidence No. 3 (nibs) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On August 21, 2014, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Suwon District Court’s House, for ten months, for four months from November 3, 2015, for the same crime at the Chuncheon District Court, on June 9, 2016, and one year and four months from imprisonment with prison labor for the same crime at the Seoul Northern District Court’s District Court on October 11, 2018, and completed the execution of the sentence at the Ansan Prison on May 8, 2019.

【Criminal Facts】

On June 16, 2019, around 22:09, the Defendant: (a) cut off and stolen mTV bicycle riding 1,50,000 won at the market price of 6:50,000 won, which is the victim D owned by the victim who was installed there; (b) from that time until June 28, 2019, the Defendant habitually stolen the property worth KRW 5,220,000,000, total market price of eight times in total, as shown in the list of crimes.

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 the punishment is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. CCTV images at each scene of crime;

1. Existing presence of seized nitrons (No. 3);

1. Before judgment: Investigation report (related to the same kind of power and the same repeated crime);

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

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 Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Three to fifty years of imprisonment;

2. Determination of the types of recommending punishment based on the sentencing guidelines: Larceny under the Specific Crimes Aggravated Punishment Act (Type 2): The scope of recommending areas in which no person is subject to habitual larceny and the scope of recommending punishment: Imprisonment with prison labor for a period from two years to four years: The scope of recommending punishment revised according to the basic area, and imprisonment with labor for a period from two years to four years: