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(영문) 서울중앙지방법원 2014.03.27 2014고합127

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 18, 2006, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on May 29, 2008, the Defendant was sentenced to imprisonment for the same crime in the same court on May 29, 2008, and on June 7, 2010, the same court was sentenced to three years and six months to imprisonment for robbery, injury, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on August 11, 2013.

On January 25, 2014, at around 00:25, the Defendant was boarding the Dongcheon-gu Incheon Metropolitan City 261 of the Incheon Metropolitan City 200:00, and passed the section between Dongcheon-do and Incheon 261, and the Defendant discovered that the victim C was able to steal the floor of the Handphone, etc. under the influence of alcohol and drink it.

Accordingly, the Defendant habitually stolen Samsung Taltho 3 Handphones, a new bank credit card and a Handphone case containing a balthm card, which is located in Samsung Taltho, the market price of the victim's own 1,000,000 won away from the floor, using the crepans or crepans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Each entry into the police seizure record and the list of seizure;

1. The pictures of seized articles and photographs;

1. Before judgment: Each statement of criminal records, investigation records, investigation reports (Attachment to a judgment), and current status of personal identification and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) 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. The defendant and his defense counsel asserted that the defendant and his defense counsel met at the time of committing the instant crime to the effect that they were in a state of mental disability and mental disability, by taking into account the favorable circumstances among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing).

However, this shall not apply.