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(영문) 의정부지방법원 2020.12.04 2020고합393
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 3, 2014, the Defendant was sentenced to four years in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on November 13, 2018, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Central District Court, and on March 5, 2020, the execution of the sentence was terminated.

At around 00:40 on August 23, 2020, the Defendant: (a) 150,000 won in cash owned by the victim C in the third floor of the building B in the Namyang-si, Namyang-si, the Defendant: (b) laid down a string shape of the water strings of the toilets for the toilets of the building by cutting off the strings of the building; (c) laid down the entrance between the lower strings of the dental entrance by cutting off the strings of the dental entrance; and (d) laid down the entrance by sticking the strings of the dental entrance; and (d) laid down the entrance with 150,000 won

As a result, the Defendant was sentenced twice or more to habitually violate the Act on the Aggravated Punishment, etc. of Specific Crimes (the “crime of attempted special larceny, etc.,” as stated in the indictment, and even if correcting it without any amendment to the indictment, it does not seem that it would bring about a substantial disadvantage to the Defendant’s exercise of his/her right to defense, and thus, he/she stolen another’s property by habitually impairing the structure at night within three years after the execution

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. On-site photographs and the chrobrmosome photographs of B buildings;

1. Previous convictions: Criminal history records, reply reports, and current status of personal confinement;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the relevant criminal facts;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: One year;

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