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(영문) 서울북부지방법원 2019.01.30 2018고단5402

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Central District Court on July 6, 1994, and on February 6, 2002, the defendant was sentenced to six months of imprisonment with prison labor for larceny at the Jung-gu District Court on July 3, 2003, and was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court on August 26, 2003 and the decision became final and conclusive on August 26, 2003, the above suspended sentence became invalidated. On November 29, 2005, the defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on May 9, 2014, and was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court on January 28, 2016, and was sentenced to three months of imprisonment with prison labor at the Seoul Central District Court on May 25, 2016, and completed the larceny from the Seoul Central District Court on July 16, 2016.

【Criminal Facts】

On March 2, 2018, at around 11:40, the Defendant: (a) discovered a serious colorphone with the market value equivalent to KRW 600,00,000, which is the victim owned by the victim C in Dongdaemun-gu Seoul market; and (b) carried it using the gap without the victim.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and again stolen another's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs and CCTV closure photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of cases related to the accused);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act concerning the crime committed;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 2, 201) (see, 201; Supreme Court Decision 201Do

1. Statutory penalty: Imprisonment with prison labor for not less than two years but not more than twenty years;

2. The decision of sentence shall have the same kind of accused;