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(영문) 수원지방법원 2018.02.20 2017고합730
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On June 3, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on June 3, 2010, on September 14, 2012, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by a flood guard, by a flood guard, by imprisonment with prison labor for a crime of larceny and intrusion upon residence at the flood guard on September 14, 2012, by a larceny, on January 28, 2016, and on November 26, 2016, the Defendant was sentenced to imprisonment with prison labor for a same kind of crime, as well as on November 26, 2016.

On September 24, 2017, the Defendant: (a) around 12:33, the victim D, the victim E, the victim F, the victim F, the victim G, and the victim H were accommodated at the house; (b) taken the victim into the hacksaw that the victims had prepared two of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the hacks of the lacks of the h's cash amounting to KRW 50,000,00.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc. and again committed larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Each CCTV image;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, reports on investigation (verification of the period of suspect, repeated offense and attachment of judgment);

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 for aggravated repeated crimes;

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

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. Application of the sentencing criteria [the type of theft] under the Specific Crimes Aggravated Punishment Act.

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