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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2015.02.05 2014고단3247
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 7, 2005, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and one year and six months for a short term, and one year and one year for a short term, from the same support on April 26, 2007 to the same support on September 18, 2009, and was sentenced to imprisonment with prison labor for larceny, etc. from the same support on September 18, 2009, and was sentenced to two months for larceny from the same support on February 17, 2010, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., from the Suwon District Court on March 19, 2013 to the Suwon District Court on July 17, 2014.

At around 14:00 on September 17, 2014, the Defendant found the key to the second floor victim D (n, 44 years old) located in the 2nd floor in the 2nd floor in the 2nd floor in the 2014th century. After opening a string and opening a strings using the key, the Defendant stolen it with 1,590,000 won in total, including 1,590,000 won in the market price and 400,000 won in the market price of the victim’s possession in the house by using the strings of the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous records: Criminal history records and other inquiry reports and investigation reports (attached reports including summary orders and reporting on confirmation of the date of release);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the sentence is inevitable as it commits the instant crime during the period of repeated crime.

However, damage recovery is due to the seizure of one string, which is a part of the damaged articles.

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