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(영문) 대구지방법원 포항지원 2014.07.24 2014고단453
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 28, 2004, the Defendant was sentenced to two years and six months of imprisonment with prison labor for larceny, etc. in the Suwon District Court’s Ansan Branch, and on October 10, 2008, the Incheon District Court sentenced to one year of imprisonment with prison labor for larceny, etc. on October 10, 2008, and on June 10, 2010, the same court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on May 2, 2012, the Defendant completed

At around 08:30 on April 25, 2014, the Defendant: (a) stolen the victim’s wallet in cash at the victim’s house located in the above restaurant, which had been kept in the victim’s home room, at the victim’s home room in which the victim’s E works at the home; (b) KRW 1870,000,000, and KRW 60,000,000,000,000.

Accordingly, the defendant stolen the victim's goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (related to attachment of results of prisoners' search, previous records, and binding of judgment);

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the background leading to the instant crime, the family environment of the accused, the frequency of the instant crime, the amount of damage, etc.);

1. The scope of punishment by law: Imprisonment for not less than one year and not more than six months but not more than 25 years;

2. The scope of recommendations for the sentencing criteria: thief crime group, habitual and repeated crime, the basic area of first category (general habitual and repeated larceny) (no person may be specially punished), two years of imprisonment, and four years;

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