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(영문) 의정부지방법원 2019.06.20 2019고단1420
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 1, 2006, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Seoul Southern District Court on April 4, 2008, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on June 15, 2012, two years of imprisonment with prison labor at the Yongsan District Court on June 15, 2012, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, in the same court on August 27, 2014, and one year and six months of imprisonment with prison labor at the Seoul Southern District Court on June 9, 2017, and the execution of the sentence at the Seoul Southern District Court on January 3, 2018.

At around 23:54 on March 5, 2019, the Defendant: (a) in the Cambae room 6 of the two weeks B in Yangju-si, 10,000 won in the market price of KRW 10,000,00,000, which includes nine shocks, the victim’s possession, while drinking in the shock 6 room of the Cambae-si B, and was cut off by means of cutting down KRW 90,00 in cash from the above bank.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to special larceny, violation of the Aggravated Punishment, etc. of Specific Crimes Act, and larceny again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs, criminal photographs, and photographs of damaged articles;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for a period of between one year and two years and six months (the scope of recommending punishment); types 1 (joint and repeated larceny) and mitigation area (one to two years and six months) (special mitigation area) under the Specific Crimes Aggravated Punishment Act;

3. Sentence;

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