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(영문) 대전지방법원 2014.07.11 2014고합159
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 2010, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on September 25, 2013, and completed the execution of the sentence. On April 13, 2007, the Defendant was sentenced to three years of imprisonment for the same crime in the Daejeon District Court Hong Sung Branch Branch.

【Criminal Facts】

At around 15:07 on May 28, 2014, the Defendant habitually cut off the 870,000 won in cash from the 5th train for the Domsan 1560 Domsan C, which was in operation between the luminous station and the red station line, and then cut off the 1560,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Previous convictions in holding: References to criminal and investigation records, and investigation reports (a copy of judgment on criminal records and report on the current status of custody);

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 and the same method in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;

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 (hereinafter referred to as the following grounds for sentencing)

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

2. Application of the sentencing criteria [the range of recommending punishment] 1.5 times each of the upper and lower limits of the sentencing range falls under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which no person is subject to the basic area (3 to 6 years) (3 to 6 years) of the category 1 of habitual and repeated larceny.

3. Determination of sentence: The crime of this case for three years by imprisonment is committed habitually by the defendant, and the defendant is the same as the previous one.

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