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(영문) 의정부지방법원 2017.02.03 2016고단5368
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 4, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for intrusion upon a structure at night at the Seoul Central District Court due to larceny, etc., and on September 11, 2012, the same court was sentenced to three months of imprisonment with prison labor for the same crime, etc. on September 11, 2012. On June 27, 2014, the Seoul Western District Court sentenced the Defendant to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on May 7,

[Criminal facts]

1. On November 25, 2016, the Defendant collected 220,000 won in cash, which is the victim’s possession, from the victim D, who entered the “E” restaurant operated by the victim D in Macheon-si on November 25, 2016, via the open main window, and then is going up to the second floor by using internal stairs, and is located in the seat of the carcter.

L. A. L. theft was committed.

2. On November 30, 2016, the Defendant: (a) entered a cafeteria with the victim G in Macheon-si on November 30, 2016, into the H “H” restaurant; (b) and then leaves the 100,000 won in cash, which is the victim’s possession, inside the Kashter credit cooperative located therein; (c)

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. Each investigation report and theft report;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, and the application of statutes on personal expropriation;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Crimes No. 1 (Scope of Recommendation) of the scope of punishment for the sentencing guidelines set forth in the sentencing guidelines shall be the mitigated area (one year to two years) of the mitigated area (one year and six months) of Class 1 of the Act on the Aggravated Punishment of Specific Crimes [Special Mitigation] [the scope of recommendation] the mitigated area (one year to two years) of the mitigated area under the Aggravated Punishment of Specific Crimes Act (one year and six months) of the mitigated area (one year to six months) of the mitigated area (the mitigated area) of the mitigated area under the Aggravated Punishment of Specific Crimes Act.

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