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(영문) 서울남부지방법원 2021.01.14 2020고단5795

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 28, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in Seoul Southern District Court, and six months from the same court on October 11, 2017; imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the same court on May 10, 2018; and one year and six months from the same court on July 12, 2019; and completed the execution of the sentence in a sex training prison on October 23, 2020.

[2] On November 1, 2020, around 13:00, the Defendant: (a) committed a theft by putting the victim D, who is an employee, in the second floor of the food store C in Geumcheon-gu Seoul Metropolitan Government, the victim D, in the display stand, using a gap in which the surveillance of the victim D, who is an employee, was neglected; and (b) 1 C, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 2, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, and 1,000.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and stolen the property that the victim manages during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. Photographss and receipts of damaged articles;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, each investigation report (A), each investigation report (the results of search of persons subject to investigation, the results of search of prisoners, attachment of identical military records, etc., confirmation of identical military records, etc., and review of changes

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

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

1. The Defendant appears to have the ability to become aware to the extent that it is difficult for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act to maintain his livelihood with the reason of sentencing under Article 55(1)3 of the Act on Reduction of Small Amount, resulting in the instant crime by high frequency. The Defendant’s distribution of the damaged goods was recovered and the damaged goods did not want the Defendant’s punishment, and the value of the stolen goods is relatively small amount favorable to the Defendant.