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(영문) 수원지방법원 안산지원 2017.11.23 2017고단2582

특정범죄가중처벌등에관한법률위반(절도)

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal history] On April 30, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny and one year and six months in the same court on May 12, 2015, and one year of imprisonment with prison labor for habitual larceny in the same court on March 24, 2016, and completed the execution of the final sentence in Daegu prison on December 14, 2016.

[2] On January 6, 2017, the Defendant discovered that the victim D left a room on the shopping car, and opened the goods displayed at the home fracker's store located in Ansan-si, Ansan-si, 432, and the Home fracker's store located on the shopping car on January 6, 2017, the Defendant removed one of the Defendant's cash 6,000 won in the victim's possession, 3, and 100,000 won in the market price, containing one copy of the credit card.

In addition, from that time until August 31, 2017, a total amount of 3,346,000 won was stolen by the following means, as shown in the list of offenses, from that time until August 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Each report on internal investigation:

1. Each photograph;

1. Previous records: Application of the results of inquiry, such as criminal history, the current status of personal confinement, and Acts and subordinate statutes to report criminal investigations (apped to automatically engaging in a judgment);

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 as prescribed in the corresponding Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability for compensation is not clear) are age, sex, criminal conduct, environment, circumstances leading to the instant crime, means and result, circumstances after the commission of the crime, the form of a similar case, and other arguments in the instant case.