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(영문) 수원지방법원 안산지원 2015.01.23 2014고단2516
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 12, 200, the Defendant was sentenced to five years of imprisonment for special larceny, etc. at the Jeonju District Court on July 2, 2008, two years of suspension of execution to eight months of imprisonment for special larceny, etc. at the Jeonju District Court on December 24, 2008, ten months of imprisonment for special larceny, etc. at the Jeonju District Court on December 28, 2008, and on December 28, 2010, at the Jeonju District Court on December 28, 2010, sentenced three years and six months of imprisonment for special robbery, and completed the execution of the sentence at the Jinju Prison on April 23, 2014.

On September 29, 2014, the Defendant: (a) around 16:50 on September 29, 2014, on the road in front of the Masan-si, the victim D, who made a telephone conversation, was opened, and (b) laid the hand into the bank, and laid down one 13,580 won in cash, resident registration certificate, physical card, etc., which includes the victim’s cash 13,580 won, and 100,000 won in market price.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Photographs related to the case;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the period of repeated crimes and attachment of judgment) and the application of statutes;

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

1. Selection of punishment and limited imprisonment;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the following factors: (a) the Defendant has agreed smoothly with the victim; (b) the victim complained of the Defendant’s wife; (c) the Defendant’s depth and reflect; (d) the amount of damage is not significant; and (e) the number of crimes is only one time; (c) the Defendant was under the influence of alcohol; and (d) the Defendant suffers from depression and mental depression

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