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(영문) 전주지방법원 2019.08.28 2019고단536
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2012, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on July 16, 2015, one year and six months from the imprisonment with prison labor for larceny, etc. at the Gwangju District Court on July 16, 2015, and one year and six months from the previous Jeju District Court on November 16, 2016, and completed the execution of the sentence at the Suncheon Prison on December 10, 2017.

【Criminal Facts】

1. On October 6, 2018, at least 18:50 on October 6, 2018, the Defendant: (a) went into front of the detached house located in Eunpyeong-gu Seoul Metropolitan Government AO; (b) destroyed the glass of the office entrance of the victim AP, which is inside the right side of the entrance, by using the boomed boom of the valley, which was placed in the fireproof group; and (c) invaded into the house, and stolen it by having one half of the gold half of the market price equivalent to 400,000 won on the

2. The Defendant continued to destroy the entrance doors of the Victim Q Q’s house on the left side of the said detached house by the same method, and then intruded into the house into the house, and cut off the said house with 300,000 won (30,000 won) at the market price on the part of the cremation unit of the second floor.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen the victims' property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements AP and Q;

1. Each CCTV photograph;

1. Previous convictions indicated in judgment: Criminal records, results of confirmation before and after disposition, and application of Acts and subordinate statutes (Evidence records 148 pages);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The basic area (one year and six months to three years) of larceny under the Specific Crimes Aggravated Punishment Act (joint and repeated larceny) (one year and six months to three years).

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