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(영문) 서울동부지방법원 2012.12.13 2012고단2831

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 November 24, 2004, the Defendant sentenced the Seoul Northern District Court to one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and one year and six months of imprisonment for the same crime at the Seoul Northern District Court on October 31, 2006, and nine months of imprisonment for the same crime at the Ansan Branch of the Suwon District Court on October 2, 2008, and three years of imprisonment for the same crime in the Suwon Branch of the Suwon District Court on August 7, 2009, respectively, and completed the execution of the said final sentence at the female prison on June 10, 2012.

On November 1, 2012, at around 17:30 on November 17, 2012, the Defendant: (a) committed a theft of a vehicle owned by the victim owned by the victim in the amount of KRW 3 million at the market price by using the gaps that entered into the building by placing the key to the driver’s seat at the vehicle parking lot in Seongdong-gu Seoul Metropolitan Government, by parking the FM car car; and (b) laying the key to the vehicle into the vehicle, by opening the driver’s seat of the vehicle and using the key to the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of the police statement concerning G;

1. Police seizure records;

1. A criminal investigation report, a traffic accident occurrence report, a statement of the occurrence of a traffic accident, a report on detection of the drivers, and a criminal investigation report;

1. Previous convictions indicated in judgment: The application of criminal records, personal identification and current status of confinement Acts and subordinate statutes;

1. Article 5-4 (5) 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;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of punishment] is the basic field of habitual and repeated larceny [decision of recommending area] 2-4 years [the scope of recommending area] - reflectiveness (decision of sentencing] of the factors of mitigation [decision of sentence] committed by the defendant several times of punishment for the same kind of crime, and repeats the crime of this case during the current period of repeated crime.