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(영문) 춘천지방법원 강릉지원 2019.07.18 2019고단174
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 15, 2013, the Defendant was sentenced to six months of imprisonment with prison labor in Gangnam Branch Branch of the Chuncheon District Court for larceny; on June 24, 2015, the same court sentenced one year and nine months of imprisonment with prison labor for habitual larceny; on September 6, 2018, the same court sentenced eight months of imprisonment with prison labor for larceny to the same court; on September 6, 2018, on September 24, 2018, the Defendant was released from Gangnam Branch Prison to the revocation of detention by the court of final appeal; and on November 16, 2018, the execution of the sentence was terminated.

【Criminal Facts】

On January 7, 2019, at around 00:35, the Defendant: (a) placed a 30,000 marith of the market price offered by the victim C, adjacent to the residence of the victim C, which was located adjacent to the building stand in the building stand, and stolen it by putting the 16th marith of the market price equivalent to the 30,000 won, into

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and again stolen another's property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs showing a track record before and after the crime;

1. Investigation report (specific suspect);

1. Previous records before ruling: Application of criminal history records, investigation reports, and criminal records under Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 35 (1) of the Criminal Act concerning the crime;

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

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

2. The scope of recommending punishment according to the sentencing guidelines [decision of types of punishment] thief under the Specific Crimes Aggravated Punishment Act [Type 1] joint habitual theft [the scope of recommending areas and recommending punishment], the basic area of larceny [the scope of recommending punishment], and one year and six months to three years;

3. Circumstances disadvantageous to the decision of sentence: The defendant has been punished for a number of concurrent crimes for the same kind of crime, and the circumstances favorable to the defendant who committed the crime of this case also during the period of repeated crimes for the same kind of crime: The value of damaged goods is insignificant, the defendant's age, character and conduct, environment, circumstances of crimes, and crimes.

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