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(영문) 광주지방법원 순천지원 2014.11.20 2014고합230
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On March 21, 2007, the Defendant sentenced the Daejeon District Court to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and three years of imprisonment with prison labor for the same crime at the Gwangju District Court on August 12, 2011, and completed the execution of the final sentence on June 11, 2014, and other same criminal records are added several times.

On October 6, 2014, around 06:35, the Defendant moved to the front side of the Gwangju Bank located 28 at the center of the Jinsu-si, the head of Gwangju Bank, and to the right side of the victim C, the Defendant left hand by using an examination plastic paper so that other people can not see it, and 4.30,000 won in cash owned by the victim were collected.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

Defendant’s legal statement

Before the preceding conviction in C’s written photographic data (CCTV photograph): The inquiry report, the current status of acceptance by each individual, the pertinent statutory provisions on the criminal facts subject to the judgment, and Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes subject to the judgment, and Article 329 of the Criminal Act, Article 35 and the proviso to Article 42, and Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 200Do1548, Apr. 21, 200)

1. Scope of applicable sentences under law: Three to twenty-five years of imprisonment;

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for three to six years (determination of a sentence): Habitual larceny; category 1 (Determination of the recommended area and the scope of recommendation); basic area; imprisonment for three to six years (in cases of Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the upper and lower limit of the scope of punishment shall be aggravated by 1.5 times).

3. Determination of sentence: Imprisonment with prison labor for three years is not sufficient for the Defendant to commit the instant crime again for about four months after he/she was released from prison, even though he/she had been punished for the same kind of crime several times.

Even if the defendant was not injured by damage, it is disadvantageous to the defendant.

However, this case.

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