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(영문) 수원지방법원 2019.08.30 2019고단3692
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On June 17, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on November 24, 201, and was sentenced to three years by the Changwon District Court for the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes. On July 1, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Suwon District Court, and completed the execution of the sentence in a female prison on April 12, 2017.

【Criminal Facts】

On June 21, 2019, at least 03:53, the Defendant escaped from the victim N's cash withdrawal in front of the Defendant's cash withdrawal period, using a dynasium, which was prepared and possessed in front of the Defendant's cash withdrawal period, and was trying to destroy the dynasiums at the bottom of the cash withdrawal period.

Accordingly, the defendant, who was punished three times or more due to larceny, was tried to steals property owned by others by carrying a deadly weapon during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement on P;

1. A written statement of theO;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports on confirmation of repeated crimes of suspects), and application of Acts and subordinate statutes to report criminal investigations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (2) and (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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. Determination of sentence: This case during the period of repeated crimes, notwithstanding the punishment imposed for the same kind of crime repeated by the defendant for a year and February of one year and two months;

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