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(영문) 서울동부지방법원 2020.11.02 2020고단3113

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Ulsan District Court on March 28, 2017, and was sentenced to eight months of imprisonment with prison labor for larceny at the Ulsan District Court on March 28, 2017, and was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court on March 13, 2018, and completed the execution of the sentence on October 30, 2019.

At around 18:00 on June 19, 2020, the Defendant discovered and opened a driver’s seat door that was parked in the parking lot of the building B in Gwangjin-gu Seoul Special Metropolitan City and did not correct it, and he stolen cash of KRW 3,90,000,000, which was owned by the victim.

As such, the Defendant, who was sentenced to imprisonment with prison labor for larceny more than three times, has committed larceny again within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes (where the same kind of punishment and confinement are attached);

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

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

1. Scope of punishment by law: One to twenty years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief under the Specific Crimes Aggravated Punishment Act [Type 1] Joint habitual and repeated theft [the scope of recommending area and recommending punishment] basic area, imprisonment with prison labor for a year and six months to three years [the general person in general] mitigation element: Livelihood penalty, serious reflective nature;

3. Determination of sentence: One year of imprisonment (in depth, and circumstances in which a person makes an effort not to repeat a crime after being released from the military court).