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(영문) 제주지방법원 2019.08.14 2019고단828
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 27, 2007, the Defendant was sentenced to two years from the Suwon District Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On January 12, 2011, the Jeju District Court sentenced him/her to one year and six months from the imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On June 4, 2015, the Jeju District Court sentenced him/her to two years from the imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 8, 2019, the execution of the sentence was terminated in the Jung-Eup Prison on April 21, 2017, and the judgment became final and conclusive as waiver of the right to appeal on the same day.

【Criminal Facts】

On January 28, 2019, at C’s entrance located in Seopopopo City B, the Defendant opened a door-to-face back seat of the victim D’s E News Services, which is parked, and entered into the vehicle, and stolen cash amounting to KRW 767,00,00, which is the victim’s possession while being kept in custody in the vehicle, with the cash amounting to KRW 767,00 (15:0,000 won in a cash bag, KRW 1,000,000, KRW 1,000,000).

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and he again commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site reports (CCTV image analysis);

1. Previous records before ruling: Application of criminal history records, investigation reports (the examination of repeated crimes and latter concurrent crimes), and Acts and subordinate statutes;

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. Handling concurrent crimes and statutory mitigation thereof: the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act;

1. The judgment rendered on April 8, 2019 became final and conclusive on the following grounds: (a) there are many criminal convictions having the same type of reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the crime committed during the period of repeated offense; (c) the damage on the other hand is minor; and (d

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