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(영문) 서울중앙지방법원 2004.07.21 2004고단4216

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The number of days under detention before the judgment is rendered shall be 30 days included in the above sentence.

Reasons

Criminal facts

On March 8, 2002, the Defendant was sentenced to imprisonment of one year and six months with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul District Court on July 22, 2003, and had been punished several times for the same crime including the termination of the enforcement of the sentence, and was a person without a certain occupation, habitually;

1. On June 21, 2004, around 15:55, around 15:55, the Seoul Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government (E) pretended to be the precious metal store of the “E” for the operation of the victim D, and putting the goods into the place of exhibition, and the said victim took advantage of the gaps of surveillance and negligence in counseling with other customers, while putting the above victim at the display place, putting it off at a total of 1 million won of the 14K gold medal and four market prices owned by the said victim.

2. At around 16:35 on the same day, at the precious metal store in the trade name of “G” for the operation of the Victim F in which the said Victim is located, the said Victim 14K gold tea, which is placed in the display place under the above water method, used the sum of 564,000 won, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D or F;

1. Police seizure records;

1. A list of transactions;

1. CCTV photographs;

1. Criminal records and investigation reports (written confirmation of the fact of release);

1. Habituality: Application of Acts and subordinate statutes to the crime of this case to be recognized in light of the fact that the crime of this case was repeatedly committed by the same type of means similar to the records and contents of the judgment;

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

1. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Calculation of days pending trial: Article 57 of the Criminal Act;