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(영문) 수원지방법원 2017.05.29 2017고단1983

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 12, 1986, the Defendant was sentenced to imprisonment with prison labor for a maximum of ten months and eight months at the Incheon District Court for larceny; on December 11, 1987, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and a short of eight months for special larceny; on April 26, 191, the Seoul High Court was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Daejeon District Court on December 14, 2010 and completed the execution of the sentence at the Daejeon District Court on June 5, 2015.

[2] On October 1, 2016, the Defendant: (a) 1, 05:18 on October 1, 2016, at the convenience store located in the light view; (b) the victim D, who is the head of the place, accessed the entrance and opened the door so as to correct the entrance of the victim D in order to take away the article from the open, and then cut off the door, which was corrected by the removal of the door, and then opened the door so that the entrance was not opened; but (c) the Defendant did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (the analysis, etc. of field rents and victims, CCTV in a place of occurrence, etc.);

1. Each photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reports on the results of confirmation of the previous convictions in each disposition, and application of each statute;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act, Article 35 of the Criminal Act concerning the crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigated amount of punishment [the scope of recommending punishment] The basic area (2 to 4 years), the basic area (2 to 4 years) of the Act on the Aggravated Punishment of Specific Crimes (2 to 4 years) [no person subject to special sentencing] of the punishment and the scope of the comparison of the recommended punishment: 2 to 4 years [decision of sentencing] has already been sentenced to punishment for the same kind of crime several times, and 55(1)3 (the circumstances favorable to the defendant among the reasons for sentencing as set forth below] The crime of this case was committed even during the period of repeated crime.

Therefore, the defendant is strictly punished.