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(영문) 춘천지방법원 속초지원 2014.04.23 2013고단360

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 January 29, 2003, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court, and on June 5, 2007, the Gwangju District Court was sentenced to ten months of imprisonment with prison labor for night-time intrusion and larceny, etc. on May 26, 2010; on October 21, 2010, the Seoul Southern District Court sentenced eight months of imprisonment with prison labor for attempted larceny; on October 21, 2010, the Defendant was sentenced to two months of imprisonment with prison labor for night-time intrusion larceny in the Gyeyang Branch Branch of the Suwon District Court, and completed the execution of the sentence at the Ansan Prison on February 10, 201.

Around 08:00 on June 22, 2013, the Defendant: (a) driven the victim’s rash bicycle in front of the “E” operated by the victim D in Seocho-si, Sinsi; (b) the victim’s market value, 50,000 won of the victim’s market value, which was installed and installed at the scene, was stolen by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation (Attachment, etc. of photographs related to cases);

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A), judgments and summary orders, six copies of investigation reports (report on confirmation of confinement/inspection room of a suspect), and one copy of Acts and subordinate statutes applicable to personal identification and confinement status;

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. Scope of recommending sentence for reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the next sentence of sentencing): Imprisonment with prison labor for two years to four years (the category of larceny crime, ordinary habitual larceny, and basic area): A prison labor for more than two years (the category of larceny crime, general repeated crime, and basic area): A prison labor for more than two years to four years; a prison labor for the same crime; a normal situation favorable to the fact that the instant crime was committed again during the same repeated crime period: a market price of the damaged product is not high; a decision of declaring that the damaged product has been returned: imprisonment with labor for more than one year and six months