beta
(영문) 서울중앙지방법원 2014.10.17 2014고단3458

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 23, 2009, the Defendant is a person who has been sentenced to imprisonment for a total of 8 times as well as 1 year and 6 months from imprisonment for a crime of larceny at the Seoul Central District Court on November 21, 2008 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on November 20, 201; 2 years and 6 months from six months from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on October 5, 199; 2 years from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on April 4, 195; and 1 year and 6 months from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 29, 193.

On May 27, 2014, at around 04:40, the Defendant, while under the influence of alcohol, carried two cosmetics for male use, which were located on the road of the victim, owned by the victim, in the middle of Jongno-gu Seoul Metropolitan Government, and carried one shamper, one shamper, one shamper, one shamper, one shamper, one shamper, one shamper, and one shamper, and one tamper in the market value, which is located on the left side of the victim.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made to D by the police;

1. Seizure records;

1. Previous convictions in judgment: Inquiry references, such as criminal records, and investigation reports (Evidence Nos. 15);

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 5-4 (1) and 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment for a limited term concerning the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommendation] [the scope of habitual larceny] and no basic area (2 to 4 years) (2 to 4 years) of the first category (2 to 3 years) of the Criminal Act (the decision of sentencing] [the decision of sentencing], and minor and minor thefts are committed.