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(영문) 서울북부지방법원 2013.08.30 2013고합177

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On December 1, 2005, the Defendant was sentenced to one year and six months from the Seoul Northern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On November 9, 2007, the Seoul Northern District Court sentenced the Defendant to three years from the imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on October 3, 2010.

In addition, on January 5, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on January 5, 2012 and was sentenced to imprisonment with prison labor for a total of 11 times for larceny, etc., including the termination of the execution of the sentence on December 19, 2012.

On May 31, 2013, at around 10:00, the Defendant: (a) 10:00, placed in the first floor electronic equipment market at the victim Costco Korea’s operating “Costcocococos” store located in Jung-gu Seoul, Jung-gu, Seoul; (b) placed one portable DV display player equivalent to 167,90 won at the victim’s market price, and placed in the container outside the entrance; (c) again, entered the said shop as the first floor cos with the first floor; (d) placed two TWz punishment equivalent to 44,890 won at each market price, the victim owned; and (d) placed in the aforementioned goods with one portable DV display player, which was put in the storage of the goods.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Binding photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (former and confirmation), the current status of personal identification and confinement, a duplicate of judgment, and previous records and results of confirmation;

1. Habituality of the judgment: Application of the law to the larceny is recognized in light of the following facts: (a) habituality of the judgment; (b) the punishment was completed for the same criminal offense as well as for the same criminal records; and (c) the punishment was completed; and (d) the punishment was completed; and

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