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(영문) 수원지방법원 안산지원 2014.11.28 2014고단2294
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 4, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for night intrusion, larceny, etc. at the Jeju District Court on July 13, 2009, and one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 13, 2009, and two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on July 26, 2012, and completed the execution of the sentence in Gwangju Prison on April 4, 201

On August 8, 2014, around 13:07, the Defendant discovered that there was no person to the above restaurant, and that the entrance was not corrected, and opened an entrance and opened it into the restaurant, and stolen cash of KRW 1,450,000,000 owned by the victim in the front of the restaurant in the Gyeonggi City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Relevant photographs;

1. CCTV image data;

1. Previous records of judgment: Criminal records, etc. and investigation reports (verification of the same kind of power and repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a 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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] There is no basic area (2 to 4 years) (2 to 4 years) of habitual and repeated larceny (2 to 4 years) (the decision of sentencing sentence] [the decision of sentencing] the defendant appears to reflect, other damage amount, form and method of crime, Defendant’s age, criminal record, etc., the sentence of two years shall be imposed in consideration of the amount of punishment and other damage amount, the defendant’s age, criminal record, etc.

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