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(영문) 인천지방법원 2018.07.20 2018고합379
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 history] On January 8, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court, two years of imprisonment with prison labor for the same crime from the Incheon District Court's Branch Branch on November 10, 201, and four years of imprisonment with prison labor for the same crime from the Suwon Branch on July 11, 2014, and the execution of the sentence was completed in the previous prison on March 2, 2018.

[2] On May 14, 2018, the Defendant habitually entered the “D church” located in Seo-gu Incheon, Seo-gu, Incheon at around 13:13 on May 14, 2018, and then cut off the victim E with one bank equivalent to 17,000 won at the market price of the victim’s possession on his/her own, and one resident registration certificate in the bank, 30,000 won in cash, 40,000 won in the bank, 40,000 won in the market price, and 6 mobile phone at the time of Samsung Gallon-gu, which is equivalent to 40,000 won in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site photographs and investigation reports (the net time of the case);

1. A protocol of seizure and a list of seizure;

1. Previous convictions indicated in the judgment: A reply to inquiry, a report on investigation (the same type of force), seven copies of the judgment, a report on investigation (the confirmation of repeated crimes, and the binding of the judgment), and the current status of individual acceptance;

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized in view 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;

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

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months - 25 years;

2. The scope of recommended punishment according to the sentencing guidelines [the type of punishment]: Two types of larceny under the Act on the Aggravated Punishment of Specific Crimes (Habitual Larceny) (the scope of recommended punishment] (the scope of punishment), and two years (the basic area).

3. The sentence shall be rendered in the following circumstances:

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