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(영문) 춘천지방법원 영월지원 2020.02.13 2019고합43
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court’s Ansan Branch on September 14, 2012, and was sentenced to one year and six months of imprisonment for habitual larceny at the same court on September 22, 2015, and was sentenced to one year and six months of imprisonment for habitual larceny at the Chuncheon District Court on September 13, 2017, and was sentenced to one year and six months of imprisonment for a crime of habitual larceny at the Chuncheon District Court on November 20, 2019.

【Criminal Facts】

On November 24, 2019, at the D convenience point operated by the victim C in Chungcheongnam-si, Chungcheongnam-si on November 24, 2019, the Defendant habitually removed KRW 450,000 in cash, which was located in the FF in the FF in the G store, and then stolen KRW 252,00 in cash, on November 27, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F and C by the police;

1. Seized objects, photographs of each CCTV image;

1. Previous convictions: Criminal history records, inquiry reports by individuals, current status of confinement by individuals, and related judgments;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that a person repeatedly commits a crime immediately after the execution of punishment is completed;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]: (a) there is no person who habitually steals (special person) (the scope of recommending areas and recommending punishment]; (b) basic area of larceny under the Specific Crimes Aggravated Punishment Act; (c) basic area of larceny; and two to four years of imprisonment.

3. Determination of sentence;

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