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(영문) 수원지방법원 2018.11.01 2018고단5379
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

(1) On October 11, 2005, when a person was sentenced to imprisonment with prison labor for larceny, etc. from a person who was sentenced to imprisonment with prison labor for ten months on February 8, 2007, from a person who was sentenced to larceny, etc. on September 24, 2008, from a person who was sentenced to imprisonment with prison labor for one year and six months on September 24, 2008, from a person who was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at a person who was sentenced to imprisonment with prison labor for one year and six months on June 24, 2010, from a person who was sentenced to imprisonment with prison labor for two years on October 31, 2012 from a person who was sentenced to imprisonment with prison labor for two years on April 28, 2015, from a person who was sentenced to imprisonment with prison labor for two years or more from a person who was sentenced to imprisonment with prison labor for two years or more on February 16,

【Criminal Fact-finding on July 14, 2018, the Defendant carried with the Defendant iron bars, which are built materials equivalent to KRW 200,000,00 at the market price, the victim owned by the Victim AR, from the vehicle notification located in Q in Suwon-si, Suwon-si, Suwon-si, Suwon-si around 15:58.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victim’s property again.

Summary of Evidence

1. Statement by the defendant in court;

1. AR's written self-written statement;

1. On-site photographs, internal reports (CCTV investigation), and CCTV images for crime prevention;

1. Previous convictions in the judgment: (A) a response to inquiry about criminal history, a report on investigation (the confirmation report on the same past record), an inquiry about accommodation information, the list of relevant cases, and the application of the statutes of the judgment

1. In addition, the special provisions of Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning criminal facts and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment has been made shall not be deemed to be special provisions for the larceny

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Application of the sentencing criteria [the scope of the recommended punishment] larceny under the Specific Crimes Aggravated Punishment Act.

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