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(영문) 서울북부지방법원 2016.07.01 2016고합160

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[criminal records] On April 23, 2015, the Defendant was sentenced to nine months of imprisonment for habitual larceny at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on December 5, 2015. On July 20, 2012, the Seoul Northern District Court sentenced one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Northern District Court and completed the execution of the sentence on November 25, 2013, and the same criminal record was 17 times.

[2] On March 30, 2016, around 14:20 on March 30, 2016, the Defendant: (a) accessed the victim D, waiting for the signal in front of the crosswalk 151, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 151 (Dongdong), thereby opening a bridge of the bank where the victim is recorded in other victims, etc., and brought 50,000 won in cash and one color tag containing Samsung Credit Card 1, as soon as the other is contained in Samsung Credit Card.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the victim's property within three years from the date on which the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to victims D;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a report on investigation (prior convictions and confirmation of repeated crimes), the text of the judgment, and the number and acceptance status of individuals;

1. Habituality of judgment: Application of the statutes to the larceny shall be recognized in light of the records of each crime in the judgment, the Acts and subordinate statutes, and the criminal acts of the same kind committed within the short time after release;

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

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

1. Reasons for sentencing under Articles 10(2) and (1) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. The scope of punishment by law: Imprisonment for not less than one year and not more than six months but not more than 25 years;

2. Specific crimes for which the sentencing criteria are not applied.