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(영문) 수원지방법원안양지원 2020.11.26 2020고단1813
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 17, 2015, the Defendant sentenced 2 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Suwon District Court, and on January 19, 2017, the Defendant sentenced 2 years to imprisonment for night, intrusion upon residence, larceny, etc. in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence on May 10, 2018. On August 13, 2019, the Defendant was sentenced to 10 months from the Suwon District Court’s Ansan Branch’s Ansan Branch’s imprisonment with prison labor for larceny and completed the execution of the sentence.

On June 1, 2020, the Defendant: (a) around 00:19, and (b) around 00:19, the Defendant: (c) got a bicycle and her hand in a 100,000 won of the market price at which the victim X was in custody.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and stolen the victim's property during the repeated crime period.

Summary of Evidence

1. A report on the occurrence of a legal statement X-form prepared by the defendant, each investigation report, and a report on internal investigation;

1. Previous convictions indicated in the judgment: Criminal history records, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes applied to the Act and subordinate statutes shall be deemed special provisions of Article 35 (2) of the Criminal Act pursuant to the proviso to Article 8 of the Criminal Act, and the aggravation of

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 relevant criminal facts, the selection of a punishment, and Article 5-4

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

1. The scope of punishment by law: One to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), thief crimes, Type 1 (Joint Habitual Larceny) (Special Habitual Larceny): Reduction elements: Reduction areas of punishment not (the scope of recommending area and recommendation range), mitigation areas of punishment (the scope of recommendation range and recommendation range), imprisonment with prison labor for one to two years;

3. Determination of sentence: The fact that the defendant had been punished for multiple larceny crimes as stated in the first head of the crime committed in the judgment of the defendant for one year, and that the defendant committed the crime of this case again during the repeated crime period, that the damaged goods are small amount, and that the victim and the victim have agreed smoothly.

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