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(영문) 서울동부지방법원 2019.03.25 2019고단442
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 June 20, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on April 24, 2015, and was sentenced to two years of imprisonment with prison labor for habitual larceny in the Seoul East District Court on April 24, 2015, and on July 12, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court on October 3, 2018.

On January 31, 2019, the Defendant: (a) around 10:20 on January 31, 2019, 10: (b) around 10:20, the Defendant laid 190,000 won in cash, cards, etc., in a kids in the fifth floor of the C Hospital located in Seongdong-gu Seoul Metropolitan Government, and kids in the atmosphere with the victim D set a door to the water purifier, and carried out 1,90,000 won in cash in the above bank.

Accordingly, the Defendant, who had been sentenced to imprisonment not less than three times with prison labor due to theft, stolen the property of the victim during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (reports on confirmation of the same kind of force), investigation reports (reports on the current status of confinement, date of expiration of the term of punishment, etc.);

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 for aggravated repeated crimes;

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

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] thief under the Act on the Aggravated Punishment of Specific Crimes: thief [Class 1] joint habitual and repeated theft [the scope of recommendations and recommendations] [the scope of recommendations] basic area, imprisonment with prison labor for not less than one year and six months to three years [the general person] mitigation elements: Livelihood penalty, minor damage, and serious reflectivity;

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

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