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(영문) 의정부지방법원 2015.04.14 2015고단171

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On January 20, 2004, the Defendant was sentenced to one year and six months from the Seoul High Court to the charge of larceny, and two years from the Seoul Northern District Court to the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on October 18, 2005, respectively. On July 3, 2009, the Seoul Central District Court sentenced the Defendant to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc.,

(2) On January 12, 2015, the Defendant: (a) confirmed the opening of the restaurant entrance at the “E” restaurant operated by the victim D in Dongducheon-si, 22:30 on January 12, 2015; and (b) invaded the entrance through the entrance to the entrance, and then stolen the cash owned by the victim in a verification color room located on the main knife; (c) KRW 200,000, KRW 500, KRW 200, KRW 500, KRW 3, USD 1, USD 200, USD 200, USD 1, Thailand, USD 20, 3, 3, 3, 3, 1, 3, 3, 2, 3, 3, 1, 1, 1, and 1, one resident registration certificate.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc. and again commits larceny at night during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (where data are attached, such as results of confinement of prisoners);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] There is no basic area (2 to 4 years) (2 to 2 years) of habitual and repeated larceny (2 to 4 years) (the decision of sentencing sentence] [the defendant still repeats larceny even though there are many records of criminal punishment due to the same kind of crime.