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(영문) 서울북부지방법원 2017.11.10 2017고단3670

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2] On May 4, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for intrusion theft at night at the Seoul Northern District Court, and completed the execution of the sentence at around November 30, 2012 at the first intersection of the North Korean Peninsula. On June 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Daejeon District Court as larceny; on October 28, 2013, the execution of the sentence was completed at the Daejeon District Court’s subdivision of the Daejeon District Court; on January 28, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and completed the execution of the sentence at the Jeju District Court’s imprisonment with prison on November 25, 2014; on December 10, 2015, the Defendant was sentenced to imprisonment with prison labor at the Jeju District Court for larceny on March 26, 2016.

[2] On August 19, 2017, the Defendant: (a) around 06:04, around D convenience stores located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) reported that the Victim E was under the influence of alcohol and was seated with a sorasher, and then, (c) was inside the Dara Dora Dora Dora Doro Doro Doro Doro Doro Doro Doro Doro Doro

the victim's cash amounting to 500,000 won;

L. A. L. theft was committed.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each CCTV photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification, etc. of the same kind of force, etc.), text of judgment and the current status of personal expropriation;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the favorable circumstances, etc. described in the following reasons for sentencing) is as follows.