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(영문) 제주지방법원 2019.02.14 2018고단2833
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 11, 2007, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Jeju District Court, for one year and six months, and was sentenced to imprisonment for the same crime in the same court on December 10, 2009. On June 13, 2013, the Defendant was sentenced to five years of imprisonment for the same crime in the same court on June 13, 2013, and completed the execution of the sentence in the interest prison on April 18, 2018.

1. On October 22, 2018, at around 14:10 on October 22, 2018, the Defendant: (a) confirmed that he was the house of the victim C located in Seopopopoposi B, and confirmed that he was an unreshed house, and opened the said house door door, and entered the door door through the ward, and then stolen KRW 115,000, the cash, which is the victim’s possession, being kept in custody in the wall, of the victim’s house located in Seoposipo City B.

2. The Defendant, at the time and time of the statement in Paragraph 1, confirmed that he was the victim E’s house located in Seopopospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospospos

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. Application of related photographs and CCTV video-related Acts and subordinate statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Among the various sentencing conditions indicated in the instant argument, the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) reflects the following circumstances; and (b) reflects the fact that the amount of theft is relatively less favorable; and (c) be considered larceny.

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