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(영문) 인천지방법원 2016.06.01 2015고단8070
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to one year of imprisonment for habitual larceny at the Incheon District Court on May 21, 2015, and two years of suspended execution, and the judgment became final and conclusive on May 29, 2015, and is still under suspended execution.

[2] On November 21, 2015, around 03:10 on November 21, 2015, the Defendant: (a) went into the “E” operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon; (b) intruded the door of the shop vinyl into the knife knife with a door-to-door knife with a door-to-door, and used it in the display stand; and (c) stolen it by putting it in a bank prepared in advance for an excess amount of KRW 36,00,000 in total of market prices, such as 36,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Previous convictions: Application of the Acts and subordinate statutes attached to the previous convictions, such as inquiry about criminal history, confirmation of disposition and sentence;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (amended by Act No. 55(1)3 of the Act on Reduction of Small Quantity [the scope of recommending punishment] mitigated area for general property No. 4 types (special mitigation-and-one year and six months) (special mitigation-and-one year] (the person in special mitigation-and-one year) / Where a person intrudes into a place other than an indoor residential space, or where a person carries a deadly weapon, or where a person carries a deadly weapon, or where a person intrudes into a residence at night or at night, at night, or at night, a structure that breaks down at night, etc. [decision of sentence] / The sentence is imposed in light of the fact that the defendant has been committed for the same kind of criminal offense, but continues to be committed repeatedly while the period of suspension of execution due to the

However, in consideration of the fact that the defendant is against the defendant, the above special mitigation person, etc., he/she shall leave the lower limit of the recommended punishment and determine the punishment as ordered.

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