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(영문) 인천지방법원 부천지원 2016.10.21 2016고단2266
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On January 5, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Incheon District Court’s Incheon District Court’s Decision 6 months of imprisonment with prison labor for larceny, etc. on April 23, 2015, and on December 17, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny from the Busan District Court’s Vice Branch Branch Branch of the Incheon District Court’s District Court’s Decision 8 months of imprisonment with prison labor on July 13, 2016.

【Criminal Facts】 The Defendant discovered that he had been sentenced to imprisonment not less than three times with prison labor due to larceny, but was parked at the D parking lot located in the Tong-gu Kim Jong-si, Kim Jong-si, Kimpoon on August 20, 2016 at around 11:45, and opened an unlocked steering door, and stolen the Defendant with a hand room worth of KRW 123,00,000 at the market price of money owned by the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each investigation report, photographs of CCTV data on suspect lines, and photographs of G CCTV video data;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of previous records and judgments), copies of judgments, investigation reports (Attachment of current status of confinement by individual), and application of Acts and subordinate statutes to the current status of confinement by individual;

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 [the scope of recommending sentence] under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation [the following favorable circumstances] (Article 55(1)3 (a) of the Specific Crimes Aggravated Punishment Act (Article 18(1) of the Specific Crimes Aggravated Punishment Act) has no basic area (Article 1-6-3 years) (Article 18(1) of the Specific Crimes Aggravated Punishment Act (Article 55(1) of the same Act (Article 53 and Article 55(1) of the same Act (Article 55(1) of the same Act) (Article 53 of the same Act) (Article 55(1) of the same Act (Article 18(1) of the same Act).

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