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(영문) 서울중앙지방법원 2016.12.13 2016고합1045

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On March 14, 2001, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on June 30, 2004, and was sentenced to three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on March 30, 2007, and was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 28, 2010, and was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 5, 201 (the Defendant applied for reexamination and was sentenced to three years of imprisonment with prison labor for a habitual larceny crime at the same court on May 19, 2016).

(1) On October 6, 2016, the Defendant: (a) around 14:22 on October 6, 2016, 2016, the Defendant: (b) 81,000 won in cash, which is owned by the victim, she laid down in a Kakaox by inserting the gap in which the victim C (in women, 32 years of age) was faced with a shoulder; and (c) she laid down a 150,000 won in the market price containing a Kakaox; and (d) she turned out a 150,000 won in cash, which is owned by the victim.

As a result, the defendant was sentenced to two or more penalties due to larceny, and again stolen the victim's property again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Protocols of seizure and the list of seized articles and photographs thereof;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (prior records prior to recognition of habitual theft) and investigation reports (verification of the date of release of a suspect);

1. Habituality in the holding: Each judgment.