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(영문) 수원지방법원 2017.01.23 2016고합640
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 6, 2011, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the support of the Southern District Court in the Jeonju District Court on December 6, 201, and on April 23, 2013, the same court was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the same court on April 23, 2013, and on April 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a period of two years for habitual larceny, etc. and completed the execution of the said punishment

Criminal facts

On October 12, 2016, the Defendant carried out 300,000 won in the market price, including 20,000 won in cash owned by the victim, who used the computers No. 17, at the PC room located in Suwon-si C, Suwon-si, Suwon-si, Suwon-si, and 5, as of October 12, 2016.

From that time until the 29th day of the same month, the Defendant habitually stolen other's goods at least six times in total, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Each statement of D, F, G, H, and I;

1. Each photograph, A, or video materials;

1. A written appraisal;

1. Previous convictions before and after a ruling: A reply to inquiry, such as criminal history, investigation report (where the previous ruling and personal confinement are attached thereto, report on the status of confinement), and text of judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime ( comprehensively including Article 5-4 of the same Act);

1. Grounds for sentencing prescribed in Article 35 of the Criminal Act (Inasmuch as a criminal record of habitual larceny, etc., the execution of which was completed on October 5, 2016)

1. Imprisonment with prison labor for not less than three years but not more than 50 years;

2. The scope of the recommended punishment on the sentencing criteria [the thief] type 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) shall be the thief.

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