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(영문) 서울서부지방법원 2013.05.16 2013고단778

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On June 18, 2010, the Defendant was sentenced to a summary order of KRW 300,000 by a fine for larceny at the Gwangju District Court, and on May 17, 201, the same court was sentenced to three months of imprisonment for larceny and two years of suspension of execution. On January 26, 2012, the Defendant was sentenced to six months of imprisonment for larceny (the sentence of suspension of execution becomes null and void upon this judgment became final and conclusive on February 3, 2012) in the Suwon District Court’s Ansan Branch Branch, and the same year during the execution of the sentence in the Incheon Vocational Training Prison.

5. 25. Parole; the same year;

6. 16. The parole period expired.

On December 19, 2012, around 20:45, the Defendant ordered a large number of tobacco to F, who is an employee of the Defendant, at the convenience store operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant stolen the property equivalent to KRW 1,701,00 in total eight times from the 30th day of the same month to February 28, 2013, including the fact that the said F had the goods as a warehouse by taking advantage of the gaps in which the goods were locked, and the market price of the Kabrote is equivalent to KRW 189,00,000 in the market price of the Karode.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, I, J, and K;

1. Each investigation report and investigation report;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act, comprehensively, by means of the relevant criminal facts and the choice of punishment.

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the reason for sentencing] [the reason for sentencing] [the reason for sentencing] [the scope of punishment] 2 years to 2 years [the scope of recommendation] 4 years [the sentencing criteria for the Defendant’s crimes] are as above.

However, the defendant.