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(영문) 의정부지방법원 2014.05.14 2014고단318

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On April 25, 1987, the Defendant was sentenced to imprisonment with prison labor for a short term of one year and six months for a short term of one year and six months for special larceny, etc. at the Seoul Central District Court, and on August 18, 198, at the Central District Court of Jung-gu District on the Act on the Aggravated Punishment, etc. of Specific Crimes, sentenced to imprisonment with prison labor for a maximum of two years and six months for a short term of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Central District Court on March 20, 191, and two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Central District Court on December 11, 1993, and completed the execution of the sentence on November 17, 2013.

【Criminal Facts of Crimes” around 01:40 on January 29, 2014, the Defendant visited the victim E’s “F” house located in Dongducheon-si, with the customer, and stolen cash amounting to KRW 900,000 (Chapter 14, 10,000 won), which is located in the victim’s examination color wall and handets (Chapter 20) and the victim, who is the business owner, after having visited the victim as his/her client and drinking himself/herself, using the gap in conversations with other customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Damageed articles and on-site photographs;

1. Before judgment: Application of criminal records, inquiry reports to the prosecution, investigation reports (the fact that the crime is committed during the period of repeated crime) and the current status of individual water saving;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of punishment] - Class 1 (general repeated crime) (Special Rape) for repeated larceny (Special Rape): Reduction element: Reduction element : [Decision of Recommendation Region] Reduction element / [Scope of Recommendation Region] 1 year and 6 months from June to 3 years [General Convict] Reduction element / In a case where considerable damage has been recovered.