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(영문) 서울중앙지방법원 2012.03.29 2012고단868

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on November 26, 201, and completed the execution of the sentence in the Ganbuk Vocational Training Correctional Institution on November 26, 201, and eight times of larceny

【Criminal Facts】

On February 8, 2012, at around 19:00, the Defendant laid down even after the victim E, etc. at the bus stops in front of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D's D'll shopping center, and then laid down the shoulder hand in cash of 13,800 won, resident registration certificates, new agricultural cooperatives' physical cards, new bank security cards, etc., which contain 25,00 won at the market price.

Accordingly, the defendant habitually stolen the victim's goods.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Each police investigation report;

1. Previous convictions: Criminal records;

1. Habituality of the judgment: Application of the statutes to the thief is recognized in light of the fact that the defendant was released from the crime of this case for not more than three months after he was released from the crime of this case due to the same kind of criminal act, etc.;

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

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

1. According to the sentencing guidelines for discretionary mitigation factors under Articles 53 and 55(1)3 of the Criminal Act, the sentencing guidelines for sentencing include: (a) the instant case constitutes a type of habitual and repeated crime; (b) the scope of the recommended sentence is from 3 years to 6 years; (c) the damage indicated in the facts charged is relatively minor; and (d) the Defendant appears to reflect, taking into account various circumstances, the sentence shall be imposed in two years and six months.