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(영문) 의정부지방법원 2017.06.01 2017고단1639
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 15, 2011, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and was sentenced to one year and six months of imprisonment for the same crime at the Seoul Western District Court on September 27, 2013, and the Defendant was sentenced to one year and six months of imprisonment for larceny at the same court on April 6, 2016, and completed the execution of the sentence on February 12, 2017.

On March 22, 2017, the Defendant, at the Namyang-si, B around 21:20 on March 22, 2017, in a restaurant C’s corridor, containing KRW 70,000 of cash owned by the victim D, who is an employee of the restaurant.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site situations;

1. Previous convictions: Application of the Acts and subordinate statutes on replys to inquiries, such as criminal history, text of judgment and personal identification;

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. The sentencing guidelines for the crime of larceny for the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1) of the Act on the Mitigation of Small Quantity: (a) there is no one [a person subject to special sentencing] [a person subject to general sentencing] mitigated elements; [a person subject to general sentencing] mitigated elements: In the basic area of damage (the scope of recommended punishment]: two years: (2) year; (4) year; (3) year; (4) year; (4) year; (4) year; (3) year; (4) the Defendant is minor; (4) year; and (5) year after release; and (4) the Defendant immediately arrested after the commission of the crime; and (4) returned the damaged items, the sentence shall be determined as set out in the order of a lower court.

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