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(영문) 춘천지방법원 원주지원 2019.05.15 2019고단272
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On April 20, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Chuncheon District Court’s original branch on April 20, 2017, sentenced to eight months of imprisonment with prison labor for habitual larceny, and on May 3, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the same court on May 3, 2018 and was sentenced to three or more times of imprisonment with prison labor for larceny by termination of the execution of the sentence in the Chuncheon Prison on March 7, 2019.

【Criminal Facts】

1. Around March 12, 2019, the Defendant: (a) committed the crime, around 14:22 on March 12, 2019, on the part of the Defendant: (b) committed the theft with one tricheon bicycle set up and set up without correction by the Victim C; and (c) at the market price equivalent to KRW 150,000, which was set up and set up by the Victim C.

2. On March 19, 2019, the Defendant: (a) committed the crime, around 19:18 on March 19, 2019, committed the theft with one set of Samcheon bicycle in the market price of KRW 150,000, which was set up and set up by the Victim F without correction, around 19:18, 201.

3. On March 24, 2019, around 09:50 on March 24, 2019, the Defendant: (a) placed in the store display stand managed by the victim I in the original city “H”; (b) placed in the store display stand in the store room managed by the victim I in the Defendant’s bank, which was stolen by being placed in the Defendant’s bank, one set of KRW 1,190 in the market price of KRW 1,190,50, and one set of KRW 1,555,50 in the market price of KRW 4,30,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, C, and F;

1. Each on-site photograph, receipt of damaged articles, each relevant photograph, and each investigation report;

1. Application of statutes concerning criminal records;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation is different from that of the Defendant, including criminal records, for whom the Defendant had been sentenced to a prison sentence. Furthermore, the Defendant is more than five days after he was sentenced to a prison sentence and released from the prison.

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