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(영문) 인천지방법원 부천지원 2014.07.25 2014고합115
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 27, 1997, the Defendant was sentenced to three years and six months of imprisonment with prison labor for larceny, etc., and on October 7, 2004, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Goyang Branch Branch of the Seoul District Court on October 7, 2004. On November 29, 2012, the Seoul East District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul East District Court on February 1, 20

The defendant around 05:00 on June 11, 2014, at Goyang-gu, Goyangyang-gu C, Goyangyang-gu, the victim E was able to use the victim E cresh and used the victim E cresh, and the victim's market price was equivalent to KRW 958,000 on the victim's side, with one smartphone.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records and investigation reports (Evidence No. 12);

1. Habitualness of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the person committed the crime of this case under the same kind of Acts and subordinate statutes at least four months after the completion of the execution of punishment due to each of the crimes, the criminal records, and the theft of the same and the same criminal acts in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for a period of three years to twenty-five years;

2. The basic area of the first category (the recommended area and the scope of recommended punishment) of habitual and repeated larceny according to the sentencing guidelines: Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes between three years and six years shall be applicable.

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