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(영문) 의정부지방법원 2014.12.10 2014고단3886

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 11, 2012, the Defendant: (a) placed a cash amount of KRW 100,000,000,000 in a plastic box, which was used to gather money, as an employee, in the E store in Dongbcheon-si, Dongbcheon-si; and (b) stolen the cash amount of KRW 100,00,000,000,000,

In addition, the Defendant, from around the above to October 21, 2012, stolen the sum of KRW 8,500,000 owned by the victim over 85 times in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report of investigation by police (the details of preparation of a list of crimes);

1. Books, respective books, CCTV photographs records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act / [the scope of punishment / [the scope of punishment / [the range of punishment / [2-4 years] that there is no person who is a special offender] and the scope of sentence comparison with recommended sentences: two to four years (the decision of sentence] imprisonment for a period of one year and six months disadvantageous to the victim: The amount that has been repeatedly committed for a considerable period of time; the victim and not agreement; the amount that the defendant agreed to pay for the recovery of damage to the victim; reflectiveness against his/her own mistake; the first crime; the full amount

It is so decided as per Disposition by reason above.