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(영문) 광주지방법원 순천지원 2020.06.03 2020고단1000
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 11, 2011, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's Netcheon Branch. On July 23, 2015, the Gwangju District Court sentenced two years of imprisonment for habitual larceny. On April 28, 2017, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court's Support for Msan, and completed the execution of the sentence on January 7, 2020.

On February 8, 2020, the Defendant: (a) around 19:40 on February 8, 2020, at the victim C’s residence located in Farih City B, opened a small number of floors with no corrected dwelling space, and entered the inside bank, and (b) stolen cash amounting to KRW 1,200,000, which was owned by the victim of sexual harassment.

Accordingly, even if the defendant was sentenced to imprisonment not less than three times due to the theft of another person's property, he again stolen another person's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report, investigation report (verification of results of field identification), investigation report (verification of cell phone calls used by the suspect immediately before the crime of this case), and investigation report (Hearing of statements by police officers related to the results of adequate appraisal);

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the facts of crimes during the period of the same type punishment and repeated offense);

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

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect the defendant's mistake, and to be in need of mental treatment, and the punishment is to be determined as ordered in consideration of the need for punishment concurrently with this Court's 2020 Godan676 case (current appeal)

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