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(영문) 수원지방법원 평택지원 2018.09.07 2018고합125
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

A. On May 2, 1997, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Dong Branch of the Seoul District Court, and on June 26, 200, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Suwon District Court’s original branch on May 29, 2002, and was sentenced to one year and six months for the same crime. On November 12, 2009, the Defendant was sentenced to one year for larceny, etc. at the Suwon District Court’s horizontal site, and on May 9, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and for violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Suwon District Court’s horizontal branch on May 26, 2012.

[2] On June 29, 2018, the Defendant: (a) around 14:50 on June 29, 2018, the victim C (the 41-year-old-old-old-old-old-type-old-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: A reply to inquiries, such as criminal history, personal confinement status, and written rulings;

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 repeated crimes of the same kind in the judgment;

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 for aggravated repeated crimes;

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

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

2. The scope of recommendations according to the sentencing guidelines [the type of decisions] thief under the Act on thief and Aggravated Punishment [the type 2] habitually larceny [the factors of special sentencing] mitigation:

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