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(영문) 서울서부지방법원 2018.09.20 2018고단1783
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[2] On August 23, 2010, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board, and filed a request for reexamination of the sentence. On May 17, 2016, the Defendant was sentenced to imprisonment for one year and six months with prison labor for the same crime at the Suwon Franchising Board. On October 14, 2013, the Defendant was sentenced to three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court and filed a request for reexamination of the sentence on March 22, 2016. On December 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court and completed the execution of the sentence on December 12, 2018.

[2] On March 15, 2018, the Defendant: (a) around 14:38, 2018, at the [C] door guidance bark for “C” located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) at the victim’s wall where the victim D, a public interest service personnel, was located in a locking place for the sake of his own name, and (c) at the victim’s wall where the victim D, a public interest personnel personnel personnel, was located in a locking place, 50,00

They go back.

Accordingly, the defendant was sentenced to imprisonment with prison labor for larceny more than three times, but theft was committed again within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (investigation into addition of the amount of damage);

1. Previous convictions in judgment: Application of the text of judgment, personal confinement status, and inquiry results, and statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Reduction: Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to twenty years; and

2. Application of the sentencing criteria [Determination of Type] 1 type of larceny (special Sentencing) under the Act on the Aggravated Punishment of Specific Crimes (the thief) (the thief) mitigated element - mitigated element of punishment (the territory of recommendation and the scope of punishment), mitigated area of punishment, one year to six months of imprisonment;

3. Determination of sentence: One year of imprisonment; and

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