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(영문) 서울서부지방법원 2020.09.17 2020고단2465
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to one year and two months of imprisonment with prison labor in the Changwon District Court due to night building intrusion, larceny, etc. on November 28, 2017, and was sentenced to one year and four months of imprisonment with prison labor in the Seoul Western District Court due to larceny, etc. on November 28, 2017, and on June 20, 2019, the Defendant was sentenced to one year and one year of imprisonment with prison labor in the Busan Western District Court’s branch branch, and completed the execution of the sentence in the Busan Detention District Court on May 3,

At around 00:50 on June 24, 2020, the Defendant discovered that the Defendant was parked without correcting the seeable vehicle D owned by the victim C in front of the 1st floor B in Yongsan-gu Seoul, Yongsan-gu, Seoul, and that the Defendant opened the driver’s seat of the above vehicle and cut off the cash owned by the victim in front of the 1.5 million won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. C’s statement;

1. CCTV video CDs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of repeated crimes, etc.), judgment, etc.;

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 committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) even though the punishment of a fine for the same thief was imposed on the same thief and imprisonment with prison labor for the same kind of larceny since 2013; (b) the offender committed a second offense only in the month after release from prison without profound knowledge; (c) the victim was not recovered from damage; and (d) the victim did not receive a letter from the victim; and (d) the frequency of the crime was committed one time; and (e) the frequency of the crime was committed on the one hand; and (e) the offender’s age, character and behavior, family relationship, economic status, and circumstances after the crime, etc. are considered as follows: (a) the sentence is

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