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(영문) 창원지방법원 통영지원 2019.03.19 2019고단127
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 8, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months from the time room room room, theft, etc. at the Gwangju District Court, on April 28, 2015, for habitual night room room, and for larceny from the Changwon District Court Msan Branch on April 28, 2015, on April 27, 2017, and on January 11, 2019, the Defendant completed the execution of the final sentence on January 11, 2019.

On February 7, 2019, at around 05:40 on 05:40, the Defendant opened and intruded the entrance that was not corrected in front of the Burmo C, and used the gaps where the victim D (D and Indonesia) was diving, and carried 14,000 won in cash located in the wall owned by the victim.

As a result, the Defendant, who was sentenced to imprisonment more than three times due to larceny, has invaded upon another person's room at night during the period of repeated crime, and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Ten copies of cash photographs and photographs of damaged articles;

1. Previous records: Application of inquiry reports on criminal records, etc., investigation reports (verification of the same kind of force and confirmation of the date of release from prison);

1. Reasons for sentencing of a criminal offense pursuant to Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 35 of the Criminal Act (Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is a special provision on the aggravation of repeated crimes stipulated in Article 8 of the Criminal Act, and thus, the punishment of a repeated crime pursuant to Article 35 of the Criminal Act

1. The scope of punishment by law: Imprisonment for two to twenty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] is the scope of the punishment [the first type] under the Act on the Aggravated Punishment of Specific Crimes, and the joint habitual and repeated larceny [the special sentencing person] mitigation element: the mitigated area of the punishment [the scope of the recommended area and the recommended punishment], the mitigated area of the punishment, one year to two years [the range of the recommended punishment corrected by the applicable sentencing range], and two years and six months [the range of the recommended punishment corrected by the applicable sentencing guidelines], and the lowest limit of the sentence range recommended by the sentencing guidelines between two years and six years.

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