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(영문) 광주지방법원 2021.02.17 2021고단158
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for one year.

A seized one piece (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[2] On October 15, 2003, the defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on the Aggravated Punishment, etc. of Specific Crimes and one year and six months, and one year and six months, and four months, respectively, at the Gwangju High Court on December 11, 2009, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju High Court on the Aggravated Punishment, etc. of Specific Crimes. On January 22, 2020, the above judgment was finalized on April 17, 2020, and the execution of the sentence was completed at the Gwangju District Court on May 15, 2020.

[2] On January 5, 2021, the Defendant discovered a victim C-owned D-owned vehicle parked in the front section of Gwangju-gu, Gwangju-gu, about 02:10, and then put the victim C-owned D-owned vehicle into the key hole of the above cargo driver's seat, which was previously possessed, and then opened the correction device of the above cargo vehicle in a manner to see it, and found stolen objects in order to steals money and valuables, and failed to discover it.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage;

1. On-site photographs, etc./ photographs of seized articles/ CCTV photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: One year to twenty years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the type of punishment] thief [the category No. 1] Joint Habitual Larceny [the territory of recommendation and the scope of recommendation], basic area of the punishment, one year and six months to three years of imprisonment.

3. Determination of sentence:

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