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(영문) 인천지방법원 2017.06.23 2017고합238
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a period of one year and six months.

Reasons

Punishment of the crime

[2] On April 3, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on April 3, 2009; on September 30, 201, the Defendant was sentenced to imprisonment with prison labor for ten months on September 30, 201; on December 13, 2012, from the Daejeon District Court’s astronomical Branch Branch, the Defendant was sentenced to nine months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in relation to the Aggravated Punishment, etc. of Specific Crimes; on July 15, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court on September 18, 2015.

[2] On April 7, 2017, the Defendant: (a) committed an attempted crime without knowing that the Defendant was aware of the victim’s property before the victim D’s house located in Incheon Strengthening Group C on April 7, 2017; and (b) committed an attempted crime, in the course of going through an open gate and going through an open gate; and (c) committed an attempted crime.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again tried to steal another's property habitually within three years after the execution of the punishment was completed, and then attempted to steal another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Previous convictions in judgment: Residents, crimes, inquiry about criminal records, investigation records, report on investigation (the confirmation of the date on which the term of punishment expires, the number of personal data and current status of confinement);

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 Articles 329 and 342 of the Criminal Act concerning the crime committed;

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 (the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months - 25 years;

2. The scope of the recommended punishment according to the sentencing criteria (any type of theft crime).

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