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(영문) 수원지방법원 평택지원 2019.10.11 2019고단1323

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment for larceny at the Seoul Southern District Court on October 5, 1995; on December 24, 1996, the Defendant was sentenced to six months of imprisonment for the same crime; on July 1, 1999, the Seoul Northern District Court sentenced six months of imprisonment for the same crime; on September 1, 200, the Defendant was sentenced to two years of imprisonment for the same crime; on May 24, 2012, the Defendant was sentenced to one year of imprisonment for the same crime at the Seoul Southern District Court; on February 2, 2017, the Seoul Central District Court sentenced to two years and six months of imprisonment for larceny; and on May 12, 2019, the execution of the said sentence was terminated.

【Criminal Facts】

On July 17, 2019, around 19:02, the Defendant stolen the Defendant with one cell phone of S10,000 won at the victim D’s gallon, which is the cause of the occupation, at the level of Pyeongtaek-si central office, and at the level of 1.4 million won at the victim D’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure record and list;

1. Investigation report (CCTV investigation);

1. Previous records: Application of the results of inquiry, each investigation report (Attachment to the previous records and the judgment, etc.; / Confirmation of criminal suspects' repeated crimes) shall be made;

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 among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant has been punished several times for the same kind of crime, the fact that the defendant committed the crime of this case during the repeated crime period for the same kind of crime, the damaged goods have been returned, the defendant's mistake has been divided into favorable circumstances, and other circumstances shown in the arguments of this case, such as the defendant's age, health status, character and behavior, motive of the crime, and circumstances after the crime, etc., are to be sentenced to a sentence lower than the minimum recommended sentence under the sentencing guidelines, and the sentence is determined as ordered in the above order.