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(영문) 서울서부지방법원 2017.07.12 2017재고단5

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

【Criminal Records】

1. On September 1, 2004, the Defendant was sentenced to imprisonment with prison labor for a short term of eight months in Seoul Western District Court for attempted larceny, and on May 21, 2009, the Defendant was sentenced to imprisonment with prison labor for a short term of eight months in the same court for larceny, etc. and completed the execution of the sentence on December 9, 2009.

2. On May 2, 2012, the Defendant was sentenced to 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 one year and six months, and the said judgment became final and conclusive on the 10th of the same month, and on August 17, 2016, the Seoul Western District Court sentenced two years of imprisonment with prison labor for the same crime at the Seoul Western District Court on the 25th of the same month.

【Criminal Fact-finding on December 12, 2000, the Defendant: (a) opened and entered a e-mail vehicle owned by the victim D, who was parked in the apartment parking lot of Eunpyeong-gu Seoul Metropolitan Government on December 12, 2009, using a e-mailer set up and was inside the vehicle with a 3,000 won in cash inside the vehicle.

The total market value of 897,500 won was habitually stolen through 31 times, such as the list of crimes in the attached list.

Summary of Evidence

In the case of this case where the record of the case subject to review is already destroyed due to the expiration of the preservation period and it is impossible to complete recovery of the record, the evidence of the judgment subject to review, which can be known by the remaining data collected, including the written judgment, and the value of evidence newly submitted in the retrial procedure, shall be comprehensively assessed, and the propriety of the judgment subject to review shall be newly determined (see Supreme Court Decision 2004Do2154, Sept. 24, 2004, etc.). 1.

1. Court rulings (Seoul Western District Court Decision 2010 High Court Order 1142);

1. Previous convictions: Inquiry into criminal history, current status of personal confinement, and investigation reports (Confirmation of the judgment of a case involving the accused);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Criminal facts;