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(영문) 의정부지방법원 고양지원 2014.08.28 2014고합147
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On October 9, 2009, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Goyang Branch of the District Court on 9 October 2009, and one year and six months of imprisonment for the same crime from the Seoul High Court on 3 May 2013, and the execution of the sentence was terminated on April 9, 2014, and the Defendant was also sentenced to five times of imprisonment for the same crime.

On April 13, 2014, at around 02:20, the Defendant: (a) opened a door in front of the E convenience store operated by the victim D located in Goyang-dong, U.S., U.S., and opened the door to the victim D, and intruded into the knife and stolen the cash in the door with KRW 120,00,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, investigation reports (verification of the date of release);

1. Habitualness of judgment: Application of the statutes recognizing dampness in light of the records of each crime, the method of crime and the fact that a person committed the same kind of crime in the body of not less than 40 days after release;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act concerning the crime;

1. Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders (i.e., a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has been decided on April 9, 2014);

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing), which are favorable to the accused, for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to twelve years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] shall be types 1 (general and repeated thieves) (special persons).

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