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(영문) 수원지방법원 안양지원 2017.12.15 2017고합155
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On January 23, 1998, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on January 23, 1998; on November 30, 199, one year and six months; on June 21, 2002, one year and six months; on February 2, 2006, the Seoul Southern District Court sentenced the Defendant to imprisonment with prison labor for the same crime at the same court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on April 9, 2015; on March 9, 2017, the execution of the sentence was terminated.

[ 범죄사실] 피고인은 2017. 8. 9. 군포시 산 본 로 347에 있는 이 마트 산 본점 1 층 판매대 앞에서 피해자 C이 유모차 위에 가방을 올려놓은 채 주의를 소홀히 하고 있는 틈을 이용하여, 피해자 소유의 시가 80만 원 상당의 아이 폰 6S, 신용카드, 속옷, 화장품 등이 들어 있는 시가 150만 원 상당의 샤넬 가방을 가지고 갔다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A victim statement prepared in C;

1. Details on the use of transportation cards used by the victim;

1. On-site CCTV photographs, CCTV closure photographs (for example, e-mail, mountain basin, residence of the suspect, etc.), photographs showing the suspect's impression at the time of arrest, and transportation card photographs verified in possession, etc.;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), and report on investigation (the previous report on confirmation of the past history);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment, the method of committing any crime, and the repeated crimes of the same kind in five months after release;

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

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

1. The scope of punishment recommended according to the sentencing guidelines [the types of larceny] shall be two types of larceny in general property;

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