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(영문) 대구지방법원 상주지원 2019.03.20 2018고합57
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the resident support of the Daegu District Court, and was sentenced to three years of imprisonment for the same crime on January 12, 2012. On February 12, 2015, the Defendant was sentenced to three years and six months of imprisonment for the same crime in the resident support of the Daegu District Court and completed the execution of the sentence in the same prison on June 21, 2018, and was punished for the same crime several times.

【Criminal Facts】

On July 9, 2018, around 13:42, the Defendant: (a) opened a safe located on the accounting unit at the D Hospital in the operation of the victim C, which was located on the account unit; and (b) stolen a total of KRW 500,000 in cash owned by the victim.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen the victim's property within three years after the execution of the sentence is terminated or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (specific suspect);

1. Previous records of judgment: Criminal records, inquiry reports, 11 copies of judgment, and current status of acceptance by individuals;

1. Habituality of judgment: Application of damp-style Acts and subordinate statutes in light of the fact that each crime force, method of crime and the same kind of crime in the judgment was punished, and repeatedly commits the same kind of crime at the time one month has not passed since the execution of punishment was terminated;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

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 (hereinafter referred to as the following grounds for sentencing) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. The scope of recommended punishment according to the sentencing guidelines [decision of types of punishment]: The basic area of the thief prescribed in the Specific Crimes Aggravated Punishment Act (the scope of recommended areas and recommendations] that there is no type 2 (Habitual thief) (special person] (the scope of recommendation areas and recommendations); two years to four years.

3. Determination of sentence:

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