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(영문) 수원지방법원 안산지원 2018.11.08 2018고합278
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on August 26, 2009, and 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 in the Incheon District Court’s Branch Branch on June 13, 2012, and was sentenced to three years of imprisonment for a crime of habitual larceny, etc. at the Seoul Southern District Court on November 19, 2015, and completed the execution of the sentence on June 1, 2018.

【Criminal facts of the crime】 On July 28, 2018, the Defendant discovered the victim C at a luminous long-distance bus stop located in 971, i.e., an original flag-ro, i., e., e., e., tamp to board a bus, and took an opportunity for the Defendant to steals the victim’s wall shields by thefting the victim’s wall wall and eating the victim’s wall; while the victim gets his hand in the bus in a handbag, she laid down his hand in other victim’s hand in a handbag; 10,00 won cash 4,00 won, one transportation card, two physical cards, one resident registration certificate, etc., the market price of which is equivalent to 60,000 won.

They go back.

As a result, the Defendant was sentenced to the punishment on more than two occasions for habitually larceny, and again committed the larceny again within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Data to close ctvs around the bus stops;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, and current status of personal expropriation;

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 (that there is a criminal record of habitual larceny, etc.);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances specified in the grounds for sentencing) of the mitigated amount;

1. Scope of punishment by law: One year;

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