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(영문) 서울중앙지방법원 2017.04.18 2017고합285

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 25, 2006, and was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul Northern District Court on September 25, 2009. On December 13, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul Northern District Court on December 24, 2016, and was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court on October 24, 2016.

[2] On December 11, 2016, the Defendant: (a) approach to the exit route of subway No. 6 lines of subway Nos. 3, “A,” located in Jongno-gu Seoul, Jongno-gu, Seoul, 63Maro 20-3, to the victim C (23 tax); and (b) 238,000 won in cash, which is the victim’s own at the home where the victim was wrod, and 70,000 won in a market price of 63,000 won in the face of 238,000 won in cash at the home where the victim was wrod.

They go back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A report on investigation, and CCTV image data for committing a crime;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to the criminal suspect A's ruling of the same kind);

1. Habitualness of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the fact that the instant crime was committed within a short time after release and the records of each of the instant crimes as indicated in the judgment and the methods of committing such crimes;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as a person has a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the execution of which was completed on October 24, 2016]

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Imprisonment with prison labor for a period of one year and six months from one year to twenty-five years;

2. The scope of punishment recommended according to the sentencing criteria; and