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(영문) 수원지방법원 2014.06.17 2014고합236
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On November 5, 2004, the Defendant was sentenced to three years by the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 15, 2009, the Defendant was sentenced to five years by imprisonment with prison labor for the same crime in the Jeonju District Court’s Military Branch Branch on May 15, 2009, and completed the execution of the sentence in the Jeonju Prison on April 20, 2014. In addition, the previous department is more than

【Habitually, at around 18:20 on April 28, 2014, the Defendant: (a) committed a crime, following the appearance of having a view to thefting walling from external speculation, which had been laid off by customers; (b) went into a golf driving range; and (c) cutting off one wall containing 25,000 won in cash owned by the victim, from the spawn on the clothes left by the victim E, using the crebs in which the victim E conducts golf practice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Previous records of judgment: Criminal records, etc. and investigation reports (the same previous records and confirmation, such as repeated crimes and thief crimes committed against the Act on the Aggravated Punishment, etc. of Specific Crimes);

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

1. Article 5-4 (6) 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 (6) of the same Act concerning the choice of punishment

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Three to twenty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing criteria [Determination of types] The basic area of habitual and repeated larceny (decision on the recommended area] the ordinary habitual and repeated larceny (decision on the recommended area] shall be sentenced to imprisonment for three years from three years to six years (in cases falling under Article 5-4 (6) of the Special Surtax Act, the upper and lower limit of the scope of sentence shall be increased by 1.5 times).

3. The Defendant habitually steals the money and valuables of the golf practice range users.

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