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(영문) 서울동부지방법원 2012.11.27 2012고단2543

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On April 17, 2006, the Defendant was sentenced to a fine of 300,000 won for larceny at the Seoul Northern District Court, and on June 23, 2006, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment for larceny at the Seoul Northern District Court on December 6, 2006. On January 10, 2007, the Seoul Central District Court sentenced 6 months of imprisonment for larceny at the Seoul Central District Court, sentenced to 4 months of imprisonment for larceny at the Seoul Central District Court on January 10, 2007, and was sentenced to 2 years of imprisonment for violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Seoul Central District Court on May 29, 2008.

On March 23, 2011, the District Court sentenced 1 year and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution on July 6, 2012.

【Criminal Facts】

On September 1, 2012, at around 07:54, the Defendant thought that money and valuables should be stolen from “Ep” operated by the victim in Seongdong-gu Seoul, where the Defendant had been employed by his employee, the Defendant opened the 1st floor toilet, entered into the Ep, and cut off all of the Defendant’s face and cut off CCTV plugs from the ep.m. located within the “Ep,” and opened one hand, which is one cash owned by the victim under the Kabter Repair Team, with which the market price cannot be known.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (CCTV investigation) and confirmation of the personal information about the theft case ( Results of field survey appraisal);

1. Inquiry reports on criminal records, etc., investigation reports (verification of the expiration date of punishment), and investigation reports (Attachment to judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history, criminal method, and criminal act of the same kind has been committed in a short time after release;

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

1. The Criminal Act among repeated crimes;