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(영문) 대전지방법원 천안지원 2017.03.17 2017고단359
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal history] On December 29, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at Daejeon District Court, and on September 26, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for night-time structure intrusion larceny at the Suwon District Court’s red support, and on January 29, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny and completed the execution of the sentence at the Incheon District Court on November 25, 2016.

[2] On January 2, 2017, from around 02:00 to around 03:00, the Defendant stolen the victims’ property at least three times in total, as indicated in the list of crimes, from around 02:0 to around 03:40 on January 16, 2017, the victim E, who intruded into the D restaurant with concrete sculptures around Asan City, thereby shouldering the cafeteria, and was in the victim E’s market value of 30,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Each photograph and CCTV image CD;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (limited to the previous convictions and attachment of such judgments);

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, Article 330 of the Criminal Act, and the choice of imprisonment, respectively, concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act on the Punishment of Concurrent Crimes [the scope of recommending] Crimes of Article 1 of the Reasons for the Punishment of Specific Crimes Act [the scope of punishment] Crimes of Article 2 of the basic area (2 to 4 years), (2) [the scope of recommending punishment] [the scope of recommendation] of Article 2 of the Act on the Punishment of Specific Crimes (2 to 4 years] of the basic area (2) of the Act on the Aggravated Punishment of Specific Crimes [the person subject to special sentencing] [the scope of recommendation] Crimes of Article 3 of the Act on the Aggravated Punishment of Specific Crimes of which there is no basic area (2 years to 4 years] (the person subject to special punishment] of Article 3 of the Act on the Aggravated Punishment of Specific Crimes.

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