beta
(영문) 서울중앙지방법원 2013.04.12 2013고합187

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 5, 2007, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on January 13, 2009, and completed the execution of the sentence at the Gyeongbuk Vocational Training Correctional Institution on January 13, 2009, and on August 26, 2009, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Western District Court on August 26, 2009 and completed the execution of the sentence at the port prison on June 8,

On February 18, 2013, around 13:10 on February 18, 2013, the Defendant habitually stolen a 20,000 won of the market price, including 20,000 won in cash, 1, 1, 1, and 20,000 won in the stock of the said victim in a white room where the victim C was put to a scam in a subway station located in Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government.

As a result, the defendant was sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed the crime within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement and the prosecution document with respect to C;

1. Seizure record and list;

1. Records before judgment: Criminal records, etc., personal identification and confinement status, investigation reports (Attachment to criminal records and judgment of a suspect);

1. Habituality of the judgment: Application of the Acts and subordinate statutes recognizing larceny in light of the fact that the defendant had the same criminal record as the first head of the crime committed in the judgment, and that he/she again commits the larceny during the period of repeated crime after being released therefrom;

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

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

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances in sentencing)

1. The crime of this case alleged by the defendant and his defense counsel shall be committed with contingent crimes.