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(영문) 서울중앙지방법원 2018.11.14 2018고단3639

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

【Crime of Crimes】 On March 22, 191, the Defendant was sentenced to imprisonment with prison labor for a short term of one year and ten months, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on October 9, 1992, for a short term of one year and six months, for a short term of one year and six months, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on July 1, 1994, for two years and six months, for a violation of the Act at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on November 1, 1996, for two years, for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on August 21, 2003; and for violation of the Act at the Seoul Northern District Court on August 24, 2005>

【Criminal facts” around April 24, 2018, around 17:10, the Defendant: (a) parked in front of the new-gu middle school located in Gangnam-gu, Seoul, at the pressure-gu, 36-gil 17-gil, a vehicle height was stolen by using the cresh of the victim’s market price equivalent to KRW 23 million in the Dpoter II, which is the victim’s market price owned by the victim C.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, etc., he stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each investigation report (No. 13, 21, 28, 30 No. 13, 50);

1. Results of fingerprint appraisal, appraisal, report on the results of field identification, request for genetic assessment, and inquiry about the DNA personal information of the detained suspect at the scene of the crime;

1. Criminal records as stated in the judgment: Application of a reply to inquiries, such as criminal history, and each investigation report (No. 25, 33 No. 5 of the evidence list);

1. Criminal facts;