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(영문) 서울중앙지방법원 2014.07.16 2014고단3454
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On June 10, 2003, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Seoul Central District Court, and on September 10, 2010, the same court was sentenced to 1 year and 2 months of imprisonment with prison labor for larceny. On March 29, 2012, the Defendant was sentenced to 2 months of imprisonment with prison labor for larceny and 10 months of imprisonment with prison labor and completed the execution of the sentence on February 14, 2013.

【Criminal Facts】

On June 22, 2013, around 09:51 on June 22, 2013, the Defendant stolen one half of 130,000 the market price in the display site by using the gaps in which surveillance by the victim E, who is the main owner, was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of CCTV image data at damaged places);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verifications subject to the expiration date of punishment and violation of the Act on the Aggravated Punishment, etc.

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] There is no person who has the basic sphere (2 to 4 years) of the theft of habitual and repeated crimes (2 to 4 years) [the decision of sentencing] [the decision of sentencing] the defendant has the record of being punished several times for the same crime, taking into comprehensive account the value of damaged goods, the age of the defendant, character and conduct, environment, motive for committing the crime, etc.

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