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(영문) 대전지방법원 홍성지원 2018.04.10 2018고단59
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 15, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. at the Gwangju District Court, and on May 29, 2017, the Defendant completed the execution of the sentence at the former prison.

[Criminal facts]

1. On November 12, 2017, at around 03:46, the Defendant: (a) opened the 608 entrance door at a full ridge; and (b) intruded into the table, and stolen 800,000 won in cash on the part of the victim E, who was on the table, and was on the table.

2. The Defendant, around 04:20 on the same day, opened the 602 entrance door at the above her conference, and attempted to steal the money and valuables of the victim F by intrusioning into the her body, but when the victim was discovered from the locking, the Defendant did not have the intent to escape but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, copy of the judgment, 13 copies of the judgment, one copy of the status of acceptance of each individual, and two copies of the judgment;

1. Relevant Article 330 of the Criminal Act concerning the crime (the points of larceny at night) and Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and other conditions of sentencing indicated in the records, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, shall be determined as ordered by taking into account all the conditions of sentencing as stated in the records.

A favorable circumstances: A person committed each of the crimes of this case under the same method during the period of repeated offense, even though there are several records of punishment for larceny into the room room of an accommodation facility that has not been corrected at night, and there are cases where a person committed each of the crimes of this case under the same method during the period of repeated offense.

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