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(영문) 수원지방법원평택지원 2020.12.15 2020고단2459
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 21, 1998, the Defendant was sentenced to six months of imprisonment with prison labor for special robbery, etc. at the Changwon District Court on November 16, 1998, and was sentenced to one year and two months of imprisonment with prison labor for special larceny. On March 11, 2004, the Defendant was sentenced to three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court's resident support on October 22, 2008, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court's Daegu District Court's Ansan Branch on June 25, 2010, and completed the execution of the detention house on January 18, 2018 after being sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 13:24, 2020, the defendant brought about the victim's cell phone reduction in the third floor of "C" located in Gyeonggi-si B at the end of the game. On October 13:24, 2020, about KRW 400,000 of the market price of the victim's ownership that the victim D left the bend side of the bend side of the bend line.

After all, the defendant was sentenced to imprisonment not less than three times due to special larceny, etc., and stolen the victim's property again during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of police seizure, records of seizure of the list of 112 reported cases, records of conducting investigations (on-site CCTV images);

1. Previous records: Criminal records and other inquiries, investigation reports (verification of the same criminal records A), certificates of release from prison, and application of Acts and subordinate statutes as results of prisoners' search;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the decision on the types of larceny] is thief under the Specific Crimes Aggravated Punishment Act.

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