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(영문) 수원지방법원평택지원 2020.12.01 2020고단2425
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 2, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny at the Suwon District Court’s KRW 6 months, and on October 2, 2015, in the same court on December 8, 2016, six months, in the same court, in the same court on August 8, 2016, one year, in the same court on August 31, 2017, and six months, in the same court on April 3, 2020, to be sentenced to imprisonment with prison labor for larceny for an attempted larceny, and completed the execution of the sentence on July 23, 2020.

【Criminal Facts】

On August 5, 2020, at around 02:33, the Defendant 100,000 won in cash, taken out 100,000 won in cash on the back part of the victim's back, and went back to the victim who was under the influence of alcohol by the victim D.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 112 reported case processing table, internal investigation report (on-site CCTV and suspect tracking investigation),-CCTV course photographs;

1. Previous records: Application of criminal records, etc. and investigation reports (period of repeated crime and confirmation of the same records)-related Acts and subordinate statutes;

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;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant committed the instant crime again during the period of repeated crime due to the same kind of crime even though he/she was punished for multiple times for the same kind of crime, and the liability for such crime is not somewhat minor.

However, under favorable circumstances such as the fact that the defendant recognized his mistake, the fact that the damage is small, the fact that the victim does not want the punishment against the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances before and after the crime, family relationship, etc. are considered as the disposition.

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