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(영문) 청주지방법원 충주지원 2014.10.31 2014고단252
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of C and D;

1. On-site photographs, suspect figures, CCTV reading photographs;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which

1. The decision not to impose punishment [special mitigation] to the extent of recommendation [the scope of recommendation] according to the sentencing guidelines based on the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the range of punishment] to the category 1 (general habitual and repeated larceny) and the mitigation area (one to six years): Imprisonment with prison labor for a year and six months]: The fact that the criminal records of the same kind including the criminal defendant's punishment are several times, but the criminal records of the same crime including the criminal defendant's punishment are several times, the fact that the crime is inferior in light of the criminal punishment law, etc. [the reasonable circumstances]: The fact that the defendant's mistake is dead and reflects the defendant's mistake, the fact that the victims have agreed with the victim [other]; other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation, home environment, etc.

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