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(영문) 수원지방법원 성남지원 2017.11.22 2017고단2734
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On January 30, 2003, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. on April 20, 2004. On March 20, 2006, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny from a person who was sentenced to imprisonment with prison labor on March 20, 2006, from a person who was sentenced to imprisonment with prison labor on July 13, 2007, from a person who was sentenced to imprisonment with prison labor on July 13, 2007, from a person who was sentenced to imprisonment with prison labor on August 29, 2013, from a person who was sentenced to imprisonment with prison labor on July 3, 2014 from a person who was sentenced to imprisonment with prison labor on July 3, 2014, from a person who was sentenced to imprisonment with prison labor on July 16, 2016 to a person who was sentenced to imprisonment with prison labor on July 17, 2016.

On August 26, 2017, at around 20:40, the Defendant discovered that the victim E, the customer of the victim, had a handbag on the table of the table 4 calendars located in Sungnam-si, Sungnam-si, about 1:10,00 won in cash, using the gap in which the attention is neglected, the Defendant brought 5 mobile phone 1:10,000 won in cash, KB national card 1, and 500,000 won in the market value of the victim, which is the victim’s possession, one point in the amount of KRW 10,000 in the market value.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, and stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on investigation;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the same previous convictions);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Although there was a record of having been punished several times for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity, damage is disadvantageous to the fact that the instant crime was committed during the period of repeated crime and was committed only about two months after release.

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