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(영문) 인천지방법원 2016.09.02 2016고단4978
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 October 22, 2008, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny at the Suwon District Court, 10 months of imprisonment with prison labor for special larceny, and 10 months of imprisonment with prison labor at the Suwon District Court on July 6, 2010, and 1 year and 2 months of imprisonment with prison labor for special larceny at the Suwon District Court on July 4, 2013. On May 11, 2014, the Defendant terminated the execution of the final sentence.

At around 02:00 on July 16, 2016, the Defendant: (a) intruded the victim D, operated by the Namdong-gu Incheon Metropolitan City, Seoul, with a 540 km-ray of 100,000 km-ray of 10,000 km-ray of the market value of the victim’s possession in the place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and CCTV images;

1. Previous records of judgment: Criminal records, inquiry reports (A), one copy of personal confinement status, and the application of five copies of judgment-making Acts and subordinate statutes;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are against the Defendant, and the fact that the Defendant recognizes the crime, and that the degree of damage is not much serious, etc. were considered in light of the circumstances favorable to the Defendant.

However, the defendant has already been sentenced to a punishment for the same crime, and the defendant has already committed the crime of this case without being sentenced to a punishment for the same crime even though he has already been sentenced to a repeated crime.

Therefore, the punishment is determined as ordered.

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