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(영문) 서울북부지방법원 2012.10.11 2012고단2182

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 28, 1986, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and ten months at the Seoul Central District Court on September 23, 198, to imprisonment with prison labor for larceny at the Seoul Central District Court on April 26, 199, to a maximum of ten years, to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on September 27, 1991, two years, to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on August 31, 1995, to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on September 26, 197, and at the Seoul Central District Court on March 31, 2004, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a period of 15 years and 25 years at the Seoul Central District Court on March 31, 2004.

On August 12, 2012, at around 21:18, the Defendant taken up one wall containing cash 680,000 won and credit cards, etc. in the back of the victim D's crepits from the 3rd floor in Gangseo-gu Seoul, Gangnam-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and on-site photographs of damaged objects;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (verification of the period of repeated crime, relevant advance records and confirmation, and habitual recognition);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the continuous commission of crimes under the same Acts and subordinate statutes as the previous crimes;

1. Relevant provisions concerning facts constituting an offense;