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(영문) 인천지방법원 2019.08.22 2019고단3346
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On July 3, 2002, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) at the Seoul District Court on September 21, 2006, and three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Central District Court on September 21, 2006. On July 19, 2013, the Incheon District Court sentenced the Defendant to three years and six months of imprisonment with prison labor for a

【Criminal Facts】

On November 17, 2018, at around 10:26, the Defendant stolen a 80,000 Won of the market price of the victim B, which was located in the Jeju subway Station No. 10th of history of 95-19, located in the territory of Michuhol-gu, Michuhol-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Investigation reports (on-site rents and CCTV confirmations), CCTV photographs;

1. Each photograph;

1. Number plates of automatic storage boxes; and

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, copies of written judgments and personal confinement;

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. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment] thief under the Act on the Aggravated Punishment of Specific Crimes [Class 1] Joint Habitual thief (special dubs) mitigated elements: In the area of mitigated punishment [the area of recommending and the scope of recommended punishment], and one year to two years and six months;

2. The sentence of imprisonment is inevitable for the defendant who has been repeatedly punished for the same kind of crime to commit the crime of this case during the period of repeated crime;

However, the value of stolen goods is not relatively significant, the victim agreed with and compensated for damage, and the method different from the previous criminal act is different from the previous criminal act, and there is room to regard it as contingent crime in light of the circumstances.

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