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(영문) 서울남부지방법원 2018.06.22 2018고합213

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to three years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court on November 30, 2006, and was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Suwon District Court on October 1, 2010. On April 15, 2015, the Defendant was sentenced to three years of imprisonment for a crime of habitual special larceny at the Seoul Southern District Court and was sentenced to three years of imprisonment with prison labor at the Seoul Southern District Court on April 25, 2018 and on February 25, 2018.

[2] On February 25, 2018, the Defendant: (a) stated that the Defendant was issued with a 100,000 won in cash from Dwa Holdings 2-to-beer in Guro-gu Seoul Metropolitan Government on February 25, 2018; (b) stated that the Defendant: (c) provided a stable bag containing KRW 100,000 in cash from Dwa Holdings 2-to-beer; and (d) paid the stable receipt unit; (b) paid it to E; and (c) entered into the food room; and (d) made it impossible to know the name of the Defendant, upon the receipt of the stable’s money; and (d) received a delivery, paid KRW 100,00 in cash within the said unit.

In other words, they stolen them.

As such, the Defendant was sentenced to punishment twice or more due to habitual special larceny, etc., and habitually stolen the victim’s property on the date on which the execution of the sentence is terminated.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. A photograph of a CCTV image to run a crime (4 times a patrol);

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of repeated offenses and attachment of the same military force judgment) and documents attached thereto (11,13-16 each time);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history, method of crime, and the same crime was committed on the day of release;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;