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(영문) 수원지방법원 2019.02.14 2018고단6111
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 20, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on the same date and on December 13, 2012 at the same court on the same date and three years respectively. On July 22, 2016, the Seoul High Court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes and was sentenced for two years and six months on August 16, 2018, and was sentenced to imprisonment with prison labor for more than three times by larceny, etc.

【Criminal Facts】

At around 15:28 on September 17, 2018, the Defendant calculated the goods purchased by the Defendant, and stored the victim's market price on the calculation stand by using a crepan in which he was negligent due care, in the E mobile phone, where the victim's market price on the calculation stand cannot be known, and in the case, one of the apartment pipe cards and one of the apartment pipe cards on the apartment in the case was cut off and stolen.

Therefore, even though the defendant had been sentenced to imprisonment more than three times due to larceny, he stolen the victim's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographss, such as on-site and damaged articles, and CCTV closure photographs;

1. Previous convictions: Application of criminal records, certificates of confinement, investigation reports (the date of release of a suspect and the results of comprehensive search of the previous case, attachment of court rulings, and copies of court rulings);

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 committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Application of the sentencing criteria [Scope of recommending punishment] The basic area (one year and six months to three years) of larceny under the Specific Crimes Aggravated Punishment Act (joint and repeated larceny)

2. The Defendant’s age, character and conduct, family relationship, family environment, motive and means of committing the crime, and crimes under the sentence following the decision of sentence.

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