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(영문) 서울중앙지방법원 2015.06.18 2015재고단44
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Attachment to the preceding paragraph] On February 28, 1969, the defendant was sentenced to imprisonment with prison labor for larceny for a short term of six months, ten months, ten years at the Seoul Southern District Court on October 19, 1976, two years of suspension of execution with prison labor for larceny at the Seoul Western District Court on December 1, 1989, one year of imprisonment with prison labor at the Suwon District Court on April 20, 1990, eight months of imprisonment with prison labor for larceny at the Suwon District Court on August 13, 1991 at the Suwon District Court on April 13, 1991, and three million won with prison labor for larceny at the Suwon District Court on April 21, 2006, from Seoul Central District Court on October 30 to a fine of three million won with prison labor, each of which was sentenced to imprisonment with prison labor at the Seoul Western District Court on August 31, 2009, and six months with prison labor at the Seoul Western District Court on July 21, 20016.

【Criminal Facts】

On July 6, 2014, the Defendant: (a) around 02:05, around 02:05, the Defendant: (b) placed one cell phone 1 in the Defendant’s right side of the market price of the victim owned by the victim E, who was under influence of alcohol and was divingd on the front side of the building “D” located in Jongno-gu Seoul Metropolitan Government, and (c) placed one cell phone 1 in the Defendant’s right side.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. Criminal records: Criminal records, inquiry reports, results of the search of prisoners, and investigation reports (report on attachment of the same kind of power, such as prior convictions of suspects);

1. Habituality: Application of the Acts and subordinate statutes to the category of larceny shall be recognized in full view of the past criminal records and frequency of the crime, the crimes punishable in 2009 and 2010, and the crimes committed during the period, time, place, and method similar thereto;

1. Relevant Article 332 of the Criminal Act, Articles 332 and 329 of the Criminal Act, and choice of imprisonment, one of the parties to the crime;

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