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(영문) 광주지방법원순천지원 2020.09.10 2020고단951
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 25, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's net support on September 25, 2008; on June 27, 2013, the same court was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 27, 2017, the same court was sentenced to six months of imprisonment for larceny in the same court on April 24, 2018; and on April 24, 2018, the same records

1. On March 20, 2020, the Defendant, at around 17:46 on March 20, 2020, posted a cresh in C, which was placed in the display site and managed by the victim D, using the cresh in which surveillance was neglected, and carried out 2 soldiers (at the market price: 5,900 won per sick).

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he stolen the victim's property again during the repeated crime period.

2. On March 28, 2020, the Defendant: (a) used a cre in which surveillance was neglected at the place specified in paragraph (1) at around 15:52 on March 28, 2020; (b) carried out one spawn (3,700 won at the market price) managed by the victim D displayed at the display site; and (c) carried out the spawn.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he stolen the victim's property again during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on internal investigation (in cases of on-site verification and attaching CCTV closure photographs);

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), investigation reports (related to repeated crimes of suspects), one copy of judgment, one copy of inquiry into the status of confinement of suspects, one copy of inquiry into the status of confinement of suspects, and the application of Acts and subordinate statutes to report criminal investigations (i.e., theft);

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. 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. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.

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