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(영문) 서울남부지방법원 2020.04.07 2020고단467

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 3, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at Suwon District Court, and was sentenced to 2 months of imprisonment with prison labor and 10 months of imprisonment with prison labor in Suwon District Court’s Ansan Branch on November 24, 2016. On February 12, 2019, the Seoul Southern District Court sentenced one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on February 12, 2019, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on December

【Criminal Facts】

On December 26, 2019, the Defendant: (a) opened a door of a vehicle owned by the victim C parked in the Geumcheon-gu Seoul Metropolitan Government Blet parking lot; and (b) stolen it with cash of KRW 595,000, which was owned by the victim and was parked therein.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the verification of CCTV images by this court;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of police statement concerning C;

1. Investigation report (related to the specification of cash for the damaged goods);

1. Previous convictions in judgment: Application of investigation reports (Attachment of suspects' rulings), Suwon District Court's Ansan Branch's Decision 2016Ma3760 decided, criminal history records, replys to criminal records, investigation reports (verification of reasons for criminal records and repeated crimes)-related Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act concerning the crime;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] thief under the Act on the Aggravated Punishment of Specific Crimes [Type 1] joint habitual and repeated larceny [special multiple-uses] mitigation elements: In the event that there are special circumstances in the commission of the crime [the scope of the recommended area and the recommended punishment] mitigation range, one to two years and six months [the scope of the recommended punishment revised by the applicable sentencing range] imprisonment 2 to two years and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the lower limit of the applicable sentencing range is set according to the law).