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(영문) 수원지방법원 평택지원 2018.11.09 2018고합141
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 8, 2009, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Suwon District Court, and was sentenced to three years of imprisonment for the same crime on July 4, 2012 in the Daejeon District Court's Incheon District Court's Branch, and on September 3, 2015, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Suwon District Court's Sejong District Court's Pyeongtaek District Court's House and completed the execution of the said sentence on May 22, 2017, and was sentenced to ten times of punishment for larceny.

On July 21, 2018, at around 01:48, the Defendant was in the “E” beauty room operated by the victim D located in Pyeongtaek-si C, and 10,000 won in cash, which was kept in the safe by opening the locking door with the iron stuff and intrusion into the locking door.

In addition, a total of 7,203,00 won was stolen and attempted once, such as the list of crimes in the attached list of crimes.

As a result, the Defendant was sentenced to larceny twice or more times, and again, attempted to steal or steal another person's structure at night during the night, within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, J, K, L, M, or N;

1. Previous convictions: Inquiries about criminal history and investigation reports (reports on the results of confirmation of the previous convictions of the disposition and reporting on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and repeated manner;

1. Articles 5-4 (6) and 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the facts constituting an offense (including cases) under the relevant Act;

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

1. The scope of punishment by law: Imprisonment with prison labor for up to 3 years up to 50 years;

2. The scope of recommendations based on the sentencing guidelines [the types of decisions] thief crimes, larceny under the Specific Crimes Aggravated Punishment Act, and no type 2 (Habitual Habitual Offense) [the scope of recommendations and recommendations] (the scope of punishment in respect of recommendations and recommendations] are basic areas, three years of imprisonment.

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