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(영문) 서울중앙지방법원 2012.09.20 2012고단2140

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On September 29, 200, the Defendant was sentenced to one year of imprisonment with prison labor for larceny at the Seoul Central District Court on April 25, 2007, three years of suspended sentence to one year of imprisonment with prison labor for larceny, and one year of imprisonment with prison labor for special larceny in the same court on June 4, 2009, and nine times of previous departments, such as the termination of the execution of sentence in the Clean Female Prison prison on February 25, 201.

The defendant is a family principal offender who has been sentenced to imprisonment not less than three times with prison labor for larceny or special larceny.

[2012 Highest 2140] On March 4, 2012, the Defendant, at around 16:50 on March 4, 2012, on the 25th floor food store corridor located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 25, reported the victim C to take a handbag and walk abbag, thereby putting the partbag, and then cut off one copy of the 100,000 new global product right, which was located in the said partbag.

[2012 Godan4176] On July 27, 2012, at the first floor of the Japanese Peace market located in Jung-gu Seoul Special Metropolitan City, Jung-gu, 775, the Defendant cut off one part of the reflectrs for women, which contain 10,000 won in cash, credit cards, drivers’ licenses, etc., by taking advantage of the gaps in which the victim D was locked.

Summary of Evidence

【Review Report on Criminal Records, etc.】 Investigation Report (Confirmation Report on Date of Final Release) and Personal Identification/Incarceration Status [2012 Highest 2140]

1. C’s statement;

1. Voluntary report;

1. Video CD and each photograph [2012 Highest 4176];

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

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

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

1. As to the assertion of the defendant and his defense counsel under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act among concurrent offenders, the defendant and his defense counsel have stolen merchandise coupons from the handbag of the victim C.