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(영문) 대전지방법원천안지원 2020.09.25 2020고단2091
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

One (No. 3) seized net value shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by the Jeonju District Court. On July 17, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny in the wooden Branch of the Gwangju District Court. On November 14, 2017, the Daejeon District Court sentenced three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence on June 16, 2020.

【Criminal Facts】

At around 04:20 on August 8, 2020, the Defendant: (a) destroyed an inner glass door, which was prepared in advance, and then damaged the display glass installed therein; and (b) destroyed the display glass in the display site with approximately KRW 14,00,00 in total amount of the market price in the display site, approximately 17 precious metals, such as Cbbbbbus, etc.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again commits special larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure;

1. On-site photographs, the 112 Report Processing List, the notification of the department related to the 112 Report, the request for on-site pictures, etc.;

1. Existing documentary evidence of seizure as referred to in subparagraphs 1 through 3;

1. References to inquiries, such as criminal records, the status of acceptance by individuals, and application of each written judgment;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] shall be punished by imprisonment with prison labor for the basic area of larceny [Type 1] under the Specific Crimes Aggravated Punishment Act [the scope of recommending areas and recommendations] joint habitual and repeated larceny [the scope of recommending areas and recommendations], one year and six months to three years [the scope of recommended punishment revised according to the applicable sentences].

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