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(영문) 서울중앙지방법원 2016.07.21 2016재고합36

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On September 1, 199, the Defendant was sentenced to three years of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on February 5, 2003; three years of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 14, 2007; three years of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on February 14, 2007; and three years of imprisonment with prison labor for a crime of violating the Act at the Seoul Central District Court on August 27, 2010; and on May 31, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 31, 2013.

The Defendant, around 01:00 on July 4, 2014, at around 01:0, set one son (No. 1) with 2-on jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum

They go back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles and the victim's photograph at the time of damage;

1. A report on investigation (related to the arrest process);

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and confinement status, and each judgment;

1. Habituality of the judgment: ① The Defendant, even before committing the instant crime, has committed the larceny against the visitors set forth on several occasions, and had already been punished several times; ② the Defendant, after having been punished for the larceny and having been released therefrom, repeatedly committed the instant crime under the same Act within the period of the repeated crime; ③ In light of the records of each of the instant crimes, the number of the crimes, and the frequency of the crimes, etc., as indicated in the judgment, can be recognized.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Crimes, the execution of which was completed on May 31, 2013) for aggravated repeated crimes.