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(영문) 수원지방법원 2014.07.16 2014고단2979
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Habitualness-related and repeated crimes] The Defendant was sentenced by the Seoul High Court on October 12, 2012 to imprisonment with prison labor for special robbery, robbery, and larceny on August 10, 2013, and completed the execution of the sentence at the Suwon Detention House on August 10, 2013. On July 15, 2008, the Suwon District Court decided to transfer each juvenile protection case to the same court on October 13, 2008, and received a disposition of larceny from the Suwon District Prosecutors' Office on November 27, 2008, to receive a fine from the same court on September 25, 2009, to be sentenced to special larceny at the same prosecutors' office on September 25, 200, to be a special larceny, from the same prosecutors' office on December 29, 209, to be a special larceny, from the same prosecutors' office on September 29, 201 to be a larceny crime.

【Criminal Facts】

The defendant is a person who is employed in an electricity company operated by the victim C and was living together with the victim in accordance with Section 718 of the above company's dormitory loan d in the first place of the ethicty of D.

On October 24, 2013, at around 01:30, the Defendant: (a) cut off the victim’s crehion 718, the victim’s crehion in the crehion of the crehion of 1,200,000 won of the market value, one gallon 3 mobile phones; (b) one gallon 1,50,000 won of the market value; and (c) one gallon 1,50,000 won of cash in the wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: Criminal references and investigation reports (pre-offending of repeated crimes, and previous and confirmation);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The basic area of punishment for habitual and repeated larceny (general habitual and repeated larceny) (2 to 4 years).

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