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(영문) 대전지방법원천안지원 2020.08.28 2020고단1554
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

One (No. 8) of the bankbooks of the seized community credit cooperatives, one bank.

Reasons

(b) Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 331-2 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, Article 153 of the same Act, and Articles 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the relevant law and the choice of punishment are made;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1, 2, and 3 [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] [Determination of thief] thief under the Specific Crimes Aggravated Punishment Act [Type 1] joint habitual and repeated theft [Special thief] [the scope of recommending area and recommending punishment] basic area, imprisonment with prison labor for one year and six months to three years;

(b) Scope of recommendations according to the standards for handling multiple crimes: One year and six months to five years (one-half year and six months (one-third year of the upper limit of the second crime) of the upper limit of the crime 1/2) * Since there is a relationship of substantive concurrent crimes with a crime that has not set the sentencing criteria, it refers only to the lower limit.

2. In the past, the Defendant committed the same crime repeatedly during a short period of time, even though having been sentenced several times of imprisonment for the same kind of crime.

The fact that a person drives another person's motor vehicle without permission without permission is not sufficient to meet the law of crime and commit crimes.

There is no fact that there was no effort to recover damage.

However, the defendant recognizes his mistake and is against his will.

The amount of damage to some crimes is not significant, and the victim I's damage was returned.The family environment and economic conditions are not good.

In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process shall be determined as ordered.

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