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(영문) 수원지방법원 2017.04.28 2017고단755
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 8, 2005, the Defendant was sentenced to imprisonment with prison labor for two years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Franchising Board on December 14, 2007, and three years and six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Franchising Board on December 14, 2007, and on October 17, 2012, the Defendant completed the execution of the sentence by the Suwon District Court on May 31, 2016.

[2] On January 30, 2017, the Defendant: (a) from around 02:32 to around 02:36, 2017, “E” managed by the victim D in Suwon-gu, Suwon-si, Suwon-si; and (b) infringed upon the entrance door door of the vehicle in the cresh without the victim; and (c) stolen KRW 60,000,000 in cash owned by the victim within the gresh of the wall. The summary of the evidence was stolen.

1. Some legal statements made by the defendant with the intention of larceny;

1. Written statements of D;

1. Field photographs, etc.;

1. Images by capturing CCTVs on the escape routes;

1. Previous convictions in the judgment: Criminal records, investigation experience records, and personal confinement records [the defendant who intrudes against the purpose of larceny], but did not bring money out of dunes;

Although there is a change, the application of the law is recognized in full view of the evidence in the holding

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment [the scope of recommendation] [the scope of punishment] There is no basic area (two to four years) (the person who is subject to special sentencing] (two to four years) in the basic area under the Specific Crimes Aggravated Punishment Act (a repeated crime) [the person who is subject to special sentencing] [the decision of sentencing] in light of the minor amount of damage, and the fact that there is a serious contrary thereto.

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