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(영문) 서울중앙지방법원 2014.05.01 2014고단1933

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a suspended sentence of eight months for larceny in the Incheon District Court's Branch of the Incheon District Court on February 28, 2003; on October 14 of the same year, the Seoul District Court's Southern Branch of the Seoul District Court sentenced to eight months of imprisonment for larceny; on August 10, 2005, the Seoul East District Court sentenced to six months of imprisonment for larceny; on March 31, 2006, the Seoul Northern District Court sentenced six months of imprisonment for attempted larceny; on November 9 of the same year, one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Theft; on June 14, 2007, the defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court's Branch of the Suwon District Court's Branch of the Seoul Northern District Court on June 5, 2009; and on June 1, 2012.

8. 29. The execution of the above punishment was completed.

【Criminal Facts】

On March 25, 2014, around 15:45, at the clothing store operated by the victim D in Jung-gu Seoul Metropolitan City, the Defendant opened a safe located in the above clothing store and taken up KRW 200,000,000, such as KRW 1,000,000, KRW 15,000,000, KRW 15,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs of damaged articles;

1. Previous convictions in judgment: Criminal records and investigation reports (written confirmation of the same attached military records, and current status of personal identification and confinement);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

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 relevant criminal facts, and Article 329 of the Criminal Act;

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

1. Article 53 of the Criminal Act for discretionary mitigation.