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(영문) 서울북부지방법원 2016.10.28 2016고단4014
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On August 13, 2010, the Defendant was sentenced to imprisonment with prison labor for a night building intrusion larceny at the Incheon District Court’s Busan District Court’s Branch on August 13, 201; imprisonment with prison labor for a night building intrusion larceny at the Seoul Southern District Court on May 20, 201; imprisonment with prison labor for a night building intrusion larceny at the Incheon District Court on July 31, 201; imprisonment with prison labor for a crime of larceny at night; imprisonment with prison labor for a crime of larceny at the Seoul Central District Court on November 22, 2013; imprisonment with prison labor for a year of habitual larceny at the Incheon District Court’s Incheon District Court on July 23, 2015; and on November 5, 2015, the execution of the sentence was completed on March 16, 2016.

【Criminal Facts of Crimes】 around 01:10 on September 12, 2016, the Defendant: (a) opened a door on the part of the victim D’s car parked in the above-mentioned parking lot, Nowon-gu, Seoul Special Metropolitan City, for the victim D’s car located in the above-mentioned parking lot; (b) entered the front door of the vehicle without correction; and (c) stolen 20,000 won in cash owned by the victim.

Summary of Evidence

【Criminal Facts】

1. Defendant's legal statement;

1. Statement of the police statement concerning D (before the date of sale);

1. A statement on criminal records, etc.;

1. Current status of the number or accommodation of each individual;

1. Application of Acts and subordinate statutes to investigation reports (Attachment A, former and written judgments, etc. of suspects);

1. Article 5-4 (5) 1 and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The mitigated area (1 to 2 years and 6 months) of Part I (1 to 1) of the Act on the Aggravated Punishment of Specific Crimes (1 to 2 months) [Special Mitigation] mitigated area (1 to 1) of the Act on the Aggravated Punishment of Specific Crimes (a decision on a sentence] [a decision on a sentence] has the power of having been punished several times for larceny, as well as the defendant is a repeated offender, the defendant should be punished for a severe punishment

However, the fact that the defendant reflects the mistake, that the victim does not want the punishment of the defendant, that the theft amount is small, and the damage has been restored by the temporary return to the victim.

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