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(영문) 수원지방법원 평택지원 2017.10.26 2017고단1672
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On May 22, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court’s Eunpyeong District Court on May 22, 2008; on April 1, 2010; three months from imprisonment with prison labor for larceny at night; on December 29, 2010, six months from imprisonment with prison labor for special larceny; on June 20, 2012 at the same court, eight months from imprisonment with prison labor for intrusion buildings at night; on November 26, 2014, the Defendant completed the execution of the punishment at the Suwon District Court’s House on June 15, 2015; and on February 3, 2016, the Defendant was sentenced to imprisonment with prison labor for an indecent act by blood (indecent act by blood) at the same court under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and on June 3, 2016.

[2] On August 12, 2017, the Defendant, at around 03:00 on August 12, 2017, at the entrance of the “E” in the operation of the Victim D (42 tax) located in Pyeongtaek-si, Gyeonggi-si, 200, used 82,000 won in cash owned by the victim who was located in the bank outside of the wall on the above water and went back to the office, and used 82,000 won in cash owned by the victim and stolen 20,000 won in the market price owned by the victim at the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Protocols of seizure and list of seized articles and photographs of the police;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to each person's acceptance status, such as a reply to inquiry, such as criminal history, report on investigation (report on confirmation of criminal history A by the suspect A),

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Criteria for sentencing [Scope of recommended punishment] The basic area (two to four years) of the theft under the Specific Crimes Aggravated Punishment Act (Habitual repeated crime theft) (no person who is subject to special sentencing)

2. The conditions under which the sentence is determined, and the age, occupation, sex, family relationship, circumstances before and after the commission of the crime, etc.

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