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(영문) 인천지방법원 부천지원 2018.07.20 2018고단1558
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 4, 2011, the Defendant was sentenced to imprisonment with prison labor and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court’s Branch Branch, etc. on April 18, 2014, and was sentenced to imprisonment with prison labor and one year and six months for the same crime at the Incheon District Court’s Branch on April 18, 2014, and on August 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime, etc. at the Incheon District Court’s Branch Branch of the Incheon District Court on August 25, 201, and completed

[Criminal facts] On June 1, 2018, around 06:34, 2018, the Defendant: (a) opened a steering door that was parked in a public parking lot located behind Seocheon-si, Seocheon-si; and (b) stolen money owned by the victim E, which was kept in that place, with KRW 70,000.

Accordingly, the defendant, even though he was sentenced to imprisonment more than three times due to larceny, stolen the victim's property.

Summary of Evidence

1. Previous convictions in the judgment: A written reply to inquiry, such as criminal history, report on investigation (verification of criminal records of the same kind as the suspect), personal confinement status, and four copies of the judgment;

1. Statement by the defendant in court;

1. E written statements (short theft);

1. The application of Acts and subordinate statutes to data on video images of the scene CCTV in the case, and to data on video images of CCTV tracking a suspect's moving route after committing the crime;

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 (limited to cases where the crime in question falls under a repeated crime as prescribed by Article 35(1) of the Criminal Act, but where the relevant provision of the Act is punished as a repeated crime, it is a provision punishing the person as a repeated crime, and thus, the punishment for a repeated crime is not aggravated separately);

1. The defendant committed the crime of this case under the same veterinary method as before the time when the sentence of punishment under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount was completed, the circumstances favorable to the defendant (the fact that the defendant recognized the crime of this case and agreed with the victim) and unfavorable circumstances (the defendant completed the execution of punishment for the same kind of crime, and the defendant committed the crime of this case at the time when two months have passed from the end, and the theft-related crime has already been committed more than ten times.

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