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(영문) 의정부지방법원 2013.04.10 2013고합72
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On August 6, 2009, the Defendant was sentenced to one year and six months from imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and one year and six months from the Suwon District Court on April 14, 201 to the same crime, and completed the execution of the final sentence on September 2, 2012.

Around 12:00 on February 17, 2013, the Defendant habitually cut off the sales of goods worth KRW 916,910 on the market price, including 1st, 75, and 35, 7, and 916,910, at the home flusian government branch located in Jung-si, 475-1, the Home flusium, where the management of the account source was neglected at that place, and then cut off the shopping car, which was located in another shopping car owned by the victim Samsung Citco Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The investigation report of February 17, 2013 by the police;

1. Receipts:

1. Photographs of damaged articles;

1. Previous records of judgment: Criminal records, etc., inquiry reports by the prosecutor's office, investigation reports by the prosecutor (report accompanied by previous records and written judgments, etc.), and personal identification records;

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized, in view of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for a period of three years to twenty-five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of the type] / there is no person who has no (a) (a person with special aggravated punishment) (a person with special aggravated punishment / [a person with special aggravated punishment ] (a decision of the recommended area] basic area / [a decision of the recommended area / [a decision of the recommended area] 3 years to 6 years [a decision of the sentenced area of imprisonment (a two to 4 years of imprisonment) and the upper and lower limit of the sentenced amount shall be increased by 1.5 times each] [a general person with a prison labor] (a general person with a prison labor)] (a damage

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