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(영문) 인천지방법원 2017.11.30 2017고단6974
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court’s Branch, and on June 12, 2015, the Incheon District Court sentenced one year and ten months to imprisonment with prison labor for a special larceny at the Incheon District Court on September 8, 2016, and on April 13, 2017, the Defendant completed the execution of the sentence at the Incheon District Court’s detention center on August 15, 2017.

[2] The Defendant: (a) around 07:04 on September 14, 2017; (b) around 07:04, at a soup room of “D” on the first floor of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu C, and (c) at the victim E; and (d)

The key of the object box was boomed, and 110,000 won in cash on the wall of the victim was stolen.

As a result, the Defendant was sentenced three times or more due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again stolen another’s property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report of investigation (Attachment of a copy of the same criminal record and written judgment of the suspect, and current status of personal confinement of

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 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. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than 20 years;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] thief, larceny under the Act on the Aggravated Punishment of Specific Crimes, and mitigation element of Type 1 (Special Sentencing Sentencing ]: Non-exclusive of punishment [Scope of recommended punishment] (limited to one year to two years (limited areas of mitigation).

3. Determination of sentence: The crimes of this case committed by the defendant for one year shall be held by several times;

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