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(영문) 서울중앙지방법원 2014.07.03 2014고단2752

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 16, 2003, the Defendant was sentenced to imprisonment with prison labor for larceny for 6 months at the Gwangju District Court, for 6 months from the suspension of the execution of the sentence, for larceny at the Daejeon District Court on January 16, 2004, for 9 months from the imprisonment with prison labor for larceny at the Seoul Central District Court on June 23, 2005, for 9 months from the imprisonment with prison labor at the Seoul Western District Court on February 13, 2007 and for 1 year from the Seoul Western District Court on September 21, 201, and completed the execution of the sentence at the Ansan Prison on August 6, 201.

On April 28, 2014, at around 23:15, the Defendant cut off one 20,000 won in total of the market price of the victim’s possession, including one resident registration certificate, one driver’s license, and one bank body card, which is owned by the Defendant, by 20,000 won in the middle-gu Seoul Central District, in the transfer passage of 3-ro Do-ro 282-8, in the middle-gu, Jung-gu, Seoul, and 3-ro Do-ro Do-ro 282-8.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Photographs of damaged articles;

1. A report on investigation;

1. Previous records of judgment: Application of criminal records, investigation reports (the previous records of suspects and reports on attachment of judgments), investigation reports (referring to review of whether Article 5-4 (5) of the Special Act applies to cases) and Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] [the scope of recommending punishment] that there is no basic area (2 to 4 years) (2 to 2 years) of habitual and repeated larceny (2 to 4 years) [the decision of sentencing] [the decision of sentencing] relatively minor damage, and the fact that it seriously reflects it, it shall be mitigated within the scope of the recommended sentence after discretionary mitigation.