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(영문) 서울동부지방법원 2018.05.03 2018고단557
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

. The Samsung 1,000,000 won of Samsung was cut and stolen on several occasions.

Summary of Evidence

"2018 Highest 557"

1. Statement by the defendant in court;

1. Statement made by the police against U;

1. Each statement of N, R, Q and K;

1. Seizure records;

1. Each CCTV video 2018 Godan 854;

1. Statement by the defendant in court;

1. A V statement;

1. CCTV photographs (previous records in judgment);

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (as a result of the search of prisoners, the suspect was released from the prison on December 11, 2017).

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment with labor, and the choice of a sentence), Article 70 (1) 3 (the illegal use of credit card and the choice of imprisonment with labor) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts and the choice of punishment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to a crime of fraud and a crime of violation of the Act on Finance Business Specializing in Credit);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The review of the sentencing guidelines for the crimes of Category 1 [Scope of Recommendation] and the basic area (one year to six years) of the theft under the Specific Crimes Aggravated Punishment Act) (one year and six years) [the scope of the recommended punishment] and the basic area (one year and six months to three years) of the theft under the Specific Crimes Aggravated Punishment Act] [the scope of the recommended punishment] 3 crimes (one year and six months to three years), without any special sentencing person] in the basic area (one year and six months), of the types of theft under the Specific Crimes Aggravated Punishment Act (joint and repeated larceny) (one year and six years), the basic area (one month to six months) of the punishment under the Specific Crimes Aggravated Punishment Act / [the scope of the recommended punishment] ] The basic area (one year and six months) of the punishment period under the Specific Crimes Aggravated Punishment Act / Since there is no special sentencing person * there is only the lower limit of the punishment period : the majority of years and six years according to the final aggravated punishment.

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The fact that each of the crimes of this case was committed during the period of repeated crime, Q and R's damage has been returned, and it is against the fact that they were returned.

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