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(영문) 서울북부지방법원 2017.09.22 2017고합302

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years and by a fine of 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal history] On September 25, 2014, the Defendant was sentenced to imprisonment with prison labor of one year and six months and a fine of 300,000 won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and the review of the said judgment was commenced on June 17, 2015, and sentenced to imprisonment with prison labor of one year and six months and a fine of 300,000 won for habitual special larceny, etc. at the Seoul Northern District Court on June 17, 2015, and on May 19, 2016, the Defendant was sentenced to imprisonment with prison labor of one year and six months and a fine of 300,000 won for a habitual special larceny, etc. at the Seoul Northern District Court on July 3, 2017 and completed the execution of the said sentence from the same prison on July 3, 2017,

It was revised ex officio according to facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the defendant's defense right.

[Criminal facts]

1. On July 8, 2017, the Defendant stolen the victim’s 4,540,000 won in the market price, including 1,50,000, E-to-be (1,50,000 won) from the Seongbuk-gu Seoul street, and 1,50,000 won in the market price, including 1,50,000, E-to-be (1,50,000 won) of the victim D’s market price, by July 12, 2017, as indicated in the list of crimes in the attached Table.

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

2. Violation of the Traffic Act on roads.

A. A. Around 12:05 on July 8, 2017, the Defendant, without obtaining a motor device bicycle license, driven Otoba from Seongbuk-gu Seoul to Seongbuk-ro 95-ro 28, Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

B. Around 13:25 on July 11, 2017, the Defendant, without obtaining a motor device bicycle license, driven FObain from the 137 G road in Dongdaemun-gu Seoul Dongdaemun-ro, Dongdaemun-gu, Seoul, to the network-ro 137 G road.

Summary of Evidence

1. The defendant's statement in court;