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(영문) 수원지방법원 2017.11.24 2017고합574

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 7, 2007, the Defendant was sentenced to imprisonment for three years with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes; three years from imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on October 24, 201; and on June 27, 2014 at the Seoul Northern District Court, three years from imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes; and on May 6, 2017, the Defendant was sentenced to five times from the completion of the execution of the sentence and

On August 8, 2017, the Defendant stolen 265,00 won in total at the victim’s market price, which was displayed at the victim E by using the gaps in the victim E’s surveillance negligence, around 10:40 on August 8, 2017, the Defendant stolen 2 E, 2 flus flus flus 8 flus flus 8,000, 4 flus flus flus 4 flus flus flus flus flus flus flus flus

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. On-site closures of ctv video images, damaged articles photographs, and closures of DNA CCTV images;

1. Investigation report (victim's wire call);

1. Previous convictions: A written reply to inquiries, such as criminal history, and report (A) on investigation (verification of suspect repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from June to 25 years;

2. The scope of the recommended punishment based on the sentencing guidelines: two to four years of imprisonment (the scope of the recommended punishment) shall be the basic area (two to four years) of the theft type (Habitual Larceny) under the Specific Crimes Aggravated Punishment Act (two to four years) (the person who is subject to special sentencing).