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(영문) 서울남부지방법원 2015.11.17 2015고단4309

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 1, 2001, the Defendant was sentenced to imprisonment with prison labor for larceny at the Incheon District Court on April 22, 2004; imprisonment with prison labor for special larceny at the Seoul Central District Court on December 7, 2005; imprisonment with prison labor for six months at the Seoul Southern District Court on July 27, 2007; imprisonment for eight months at the same court on July 27, 2007; imprisonment with prison labor for one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; imprisonment with prison labor for three years at the same court on September 30, 201; and the execution of the above final punishment on July 20, 2014.

1. On May 2, 2015, the Defendant committed the crime on May 2, 2015, around 23:00, on the top of the trade name “E” operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) went into a creb and intrudes into the office’s place of office by entering the crebs between the crebs and the crebs; and (b) took two marus containing 70 km of the market price of the victim’s ownership in the same place, which is equivalent to KRW 420,00,000.

2. On May 10, 2015, the Defendant committed the crime at around 01:15, around May 10, 2015, went into the same place as the indicated in the foregoing paragraph, and went into the office room beyond the fence, and then came into a 360,000 g of the market price owned by the victim D, which was located at the same place, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records of judgment: The application of criminal records, copies of written judgments (213 pages of investigation records), results of search of prisoners (61 pages of investigation records) and other Acts and subordinate statutes;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Reasons for sentencing (in consideration of the fact that the amount of damage is not large) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the scope of recommending punishment), [the scope of recommending punishment] habitually and repeatedly larceny.