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(영문) 수원지방법원 평택지원 2018.11.08 2018고단1622
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 14, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Suwon District Court’s Suwon District Court’s members, and on April 5, 2012, the Defendant was sentenced to two years of imprisonment with prison labor and a fine of three hundred thousand won for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court’s Pyeongtaek District Court’s members, and on March 5, 2015, the Defendant was sentenced to two years and six months of imprisonment with prison labor for habitual larceny, etc. and completed the execution of the said punishment at the Southern District Court in Seoul Southern District Court on July 31, 2017.

[2] On September 20, 2018, at around 03:30 on September 20, 2018, the Defendant, at a “D” restaurant operated by the victim C located in Pyeongtaek-si B, opened and intruded into the kitchen window in the above restaurant, and did not commit a attempted crime with the wind of arresting the police officer who was dispatched to the site upon receiving a report by the staff member of the station company for security use, on the wind of the city where the victim was in possession of the victim and the air conditioning the kitchen room.

As a result, the Defendant was sentenced to three or more punishment due to larceny, etc., and again attempted to steals another’s property by destroying a part of the structure at night during the repeated crime period, and by impairing another’s structure.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. E statements;

1. Photographs showing the place of crime;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, results of search by prisoners, and application of Acts and subordinate statutes reporting criminal investigations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 342 of the Criminal Act concerning the crime committed;

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

1. Criteria for sentencing: One year and six months from six months to three years [the scope of recommending], and the basic area (one year and six months to three years) of the theft under the Specific Crimes Aggravated Punishment Act (joint and repeated theft) (no person subject to special sentencing) (one year and six months to three years);

2. The circumstances under which the sentence of sentence is rendered and other ages of the accused.

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