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(영문) 서울남부지방법원 2017.04.20 2017고합93
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] On March 14, 2008, the Defendant was sentenced to three years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on June 11, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. on February 3, 2017, and completed the execution of the sentence on February 3, 2017.

[2] On February 5, 2017, around 16:17, the Defendant habitually stolen property worth KRW 9,811,700,00 in total on 11 occasions from February 4, 2017 to February 26, 2017, including the following: (a) one of the victim’s market prices on the victim’s side while putting the victim’s game in the Yeongdeungpo-gu Seoul Metropolitan Government D 4 “E” game by setting aside one room at the victim’s seat; and (b) the Defendant habitually stolen property worth KRW 9,81,700 in total on 11 occasions from February 4, 2017 to February 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each written statement of F, C, G, H, I, J, K, L, M, N,O, and Qua;

1. Records of police seizure, list of seizure, and photographs of seized articles;

1. Each photograph (a photo, photograph, each on-site photograph, a request for cooperation in investigation, CCTV photograph, and on-site CCTV photograph) of a crime scene photograph;

1. Each report on the occurrence of each case, investigation report, investigation report, and the Encashment of a check;

1. Previous convictions in the judgment: A written reply to inquiries, such as criminal history, (A), each written judgment (the sentence of Suwon District Court Decision 2014 High Court Decision 7130 High Court Decision 2014 High Court Decision 7130 High Court Decision, the sentence of Suwon District Court Decision 2015No1893 decided, the sentence of Supreme Court Decision 2015Do1079 decided, and the Seoul Central District Court Decision 2008 High

1. Habitualness of judgment: Application of Acts and subordinate statutes to the larceny shall be recognized in view of the fact that the same kind of crime is repeated during the period of each crime, crimes, and repeated crimes in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with regard to a criminal record of habitual larceny, etc., the execution of which was completed on February 3, 2017)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Application for compensation;

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