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(영문) 서울북부지방법원 2017.06.02 2017고합106

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[2] On November 20, 1996, the defendant was sentenced to imprisonment with prison labor for ten months in Seoul Western District Court due to intrusion upon his residence at night, theft, etc. on August 198; imprisonment with prison labor for ten months in the same court; imprisonment with prison labor for a short term of eight months; imprisonment with prison labor for a short term of eight months in the same court on April 20, 201; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; imprisonment with prison labor for eight months in the same court on March 14, 2003; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; imprisonment with prison labor for two years in the same court on November 17, 2005; and imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on November 14, 2008; and imprisonment with prison labor for one year and one year in the same court on January 16, 2008, 2008.

[2] The Defendant habitually takes 136,000 won in cash owned by the victim in the above restaurant cafeteria by the victim D located in Dobong-gu Seoul Metropolitan Government around March 9, 2017, in the “E” restaurant operated by the victim D in Dobong-gu Seoul Metropolitan Government (hereinafter “E”), and by taking advantage of the gaps of the victim’s locking and neglecting surveillance, the Defendant does not take 136,000 won in cash owned by the victim.

In other words, they stolen them.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, current status of personal identification, and each judgment;

1. Habituality: The records of punishment several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) are recognized in light of the fact that the same kind of crime is repeated during the period of repeated crime, etc.

1. Relevant provisions of the Act concerning facts constituting an offense;