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(영문) 인천지방법원 2020.05.21 2019고단9311
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 12, 2012, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Northern District Court, and was sentenced to one year and six months of imprisonment for larceny at the Seoul Southern District Court on August 28, 2014. On September 8, 2017, the Defendant was sentenced to one year and four months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) and completed the execution of the sentence at the port of port on November 17, 2018.

【Criminal Facts】

around 15:00 on November 8, 2019, the Defendant cut off one smartphone at the “C” restaurant located in Seo-gu Incheon, Seo-gu, Incheon, and by taking advantage of the gaps of surveillance negligence in the surrounding areas, the victim D’s market value, which was 300,000 won in the Samsung Galth-si, which was the victim D’s market value.

On January 1, 2020, the Defendant, around 03:33, 2020, committed a theft by taking advantage of the gaps of surrounding surveillance in F located in Seo-gu Incheon, Seo-gu, Incheon, and by taking advantage of the gap of surveillance in the table, brought about the victim G (W), who was placed on the table of the table, in the color of 250,000 won in cash in the art. 250,000 won in the market.

Summary of Evidence

"2019 Highest 9311"

1. Statement by the defendant in court;

1. Written statements of D;

1. The 112 Reporting Report List "2020 high-class 2111";

1. Statement by the defendant in court;

1. G statements;

1. A report on occurrence of a crime, and a report on internal investigation, "previous conviction";

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to criminal investigation reports (verification of larceny of the same kind), investigation reports (verification of the same kind of force), investigation reports (verification of the date of release from the military court), investigation reports (verification of the period of repeated crimes);

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Scope of applicable sentences under law: One to twenty-five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1:

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