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(영문) 서울북부지방법원 2016.07.14 2016고단1757

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 September 3, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny and the execution of the sentence was terminated on January 15, 2010. On July 13, 2010, the Seoul Central District Court sentenced ten months of imprisonment with prison labor and eight months of imprisonment with prison labor for larceny; on November 22, 2011, the execution of the sentence was terminated; on November 14, 2013, the Seoul Northern District Court sentenced eight months of imprisonment with prison labor for larceny at the Seoul Northern District Court and on February 14, 2014, the execution of the sentence was terminated on July 19, 201.

1. On April 28, 2016, around 19:23, the Defendant entered D restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, as a customer, and taken food as a food, and calculated the value of food, the Defendant left 4 mobile phones in the galthal ju, the market price owned by the employee E, whose place was on the calculation stand, by 90,000 won.

2. On September 11, 2015, the Defendant discovered the victim G ( South, 50 years old) who was under influence of alcohol on the front side of the Seoul Jung-gu Seoul Central Government on September 11, 2015, and 80,000 won in cash owned by the victim and 10,000 won in cash, the Bank Card, the Nonghyup Card, and one driver’s license.

They go back.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen the property of the victims again.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Photographs containing the scene of the crime;

1. Investigation report (related to the statement of a wooden person);

1. References to inquiries, such as criminal history, personal identification and acceptance status, investigation report (Attachment to the text of the judgment), and application of each statute of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the Defendant’s age, occupation, sex, family relationship, and other crimes.