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(영문) 수원지방법원 안산지원 2014.05.14 2014고단590
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On March 21, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an attempted larceny in the Suwon District Court's Ansan Branch for the same year in the Suwon Detention House.

7.13. There are records of punishment nine times for the same criminal conduct, including the completion of the execution of the sentence.

At around 02:50 on August 18, 2013, the Defendant intruded into the house through the entrance that did not come up to the house of the victim D located in Ansan-gu, Ansan-gu, Seoul, and caused the theft by having one wall, which contains a cash amount of KRW 300,000,000, which is the victim.

In addition, from around that time to January 2, 2014, the Defendant habitually stolen, or attempted to steals, property worth 12,453,800 won in total over 12 times, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement in F, G, H, I, J, K, L, M, D, N, P, P, and Q;

1. Investigation report (or investigation by a party);

1. Details of the purchase of gold banks;

1. Results of the relevant search;

1. Photographs related to the case;

1. Previous records: Inquiries and investigation reports (Habitualness and appendix of data related to repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment, the method of and frequency of each crime in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 329 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and the choice of imprisonment for a limited term of imprisonment

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Scope of punishment: Imprisonment with prison labor for a year from six months to twenty-five years;

2. Scope of recommendations on the sentencing guidelines: Imprisonment with prison labor for two to four years (basic areas), repeated theft, and Type 1 (general habitual theft and repeated crime).

3. Determination of sentence: The crime of this case for two years by imprisonment is the case where the defendant habitually steals another person's property over twelve occasions, and is the defendant.

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