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(영문) 서울북부지방법원 2014.01.16 2013고단2773
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On January 25, 2006, the Defendant was sentenced to 10 months of suspension of 10 years of imprisonment for special larceny at the District Court of the Republic of Korea, 1 year and 2 months of imprisonment for special larceny, etc. on June 28, 201, and was released on October 28, 2012 in the Gangwon-do prison, which had been sentenced to parole on the execution of the sentence. However, parole was revoked due to a violation of the Probation Act, and on May 22, 2013, not only was the completion of the execution of the sentence, but also was subject to juvenile protective disposition on three occasions more due to special larceny, etc.

[Offenses] From September 24, 2013 to 06:40 on September 24, 2013, the Defendant stolen the cash amounting to KRW 1,297,00,00 in total six times, including the Defendant’s cash 30,000, from the time on November 2, 2013, by inserting the glass windows located adjacent to the “E” entrance of the victim D operation in Seoul Special Metropolitan City, Nowon-gu, with a stone with a string and a studle with a stone, and then exposing the entrance’s correction device.

Summary of Evidence

1. Defendant's legal statement;

1. Habitual reporting of investigation: Habitual recognition in light of the previous records, means and methods of crime, etc. stated in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 331 (1) of the Criminal Act concerning the crime;

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 for discretionary mitigation;

1. Sentencing (Determination of the type of punishment) - There is no corresponding matter in the sentencing guidelines [the scope of the punishment of a person who is a special and general person] 2 to 4 years [the scope of the punishment of a person who is subject to a suspended sentence] - The main reasons for a suspended sentence of a punishment - The negative (no crime, damage recovery) - The reasons for a suspended sentence are negative (not less than twice a suspended sentence) - The reasons for a suspended sentence (not less than twice a suspended sentence) : the negative (not less than twice a suspended sentence);

2. Two years of imprisonment with prison labor;

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