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(영문) 서울서부지방법원 2014.02.07 2013고단184
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 26, 2001, the defendant was sentenced to a suspended sentence of 8 years for larceny at the Seoul Central District Court, and on July 22, 2003, the High Court for National Defense sentenced to a suspended sentence of 1 year for larceny at the High Court for Armed Forces of the Republic of Korea. On November 9, 2004, the Seoul Southern District Court was sentenced to a suspended sentence of 6 months for larceny, and was sentenced to a sentenced sentence of 5 months for larceny at the Seoul Central District Court on June 24, 2009. On December 30, 2009, the execution of the sentence was completed at the Seoul Detention District Court on May 8, 2010.

On October 2012, 2012, the Defendant stolen another’s property with a total of 11 occasions as indicated in the list of crimes, such as taking a portable bucker and theft, which is approximately KRW 31,000 of the market price owned by the victim, located in the above store display stand in D operated by the victim Lone Starbucks and coffee Korea Co., Ltd. located in Mapo-gu Seoul, Mapo-gu, Seoul.

Accordingly, the defendant habitually stolen the victims' property at least 11 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, and H;

1. A written statement prepared by I and J;

1. Reports on internal investigation (related to the verification of CCTVs at the scene of occurrence), reports on internal investigation (related to the verification of cards used by chairs), respective reports on internal investigation (in-depth CCTVs), additional reports on internal investigation (in-depth CCTVs), investigation reports on internal investigation (in-depth CCTVs); and investigation reports on CCTVs;

1. Records of seizure and the list of seizure;

1. Photographss of damaged articles and CCTV photographs;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (reports attached to the status of confinement of suspects), investigation reports (report attached to the judgments of the same kind of suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

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

1. The Criminal Act among repeated crimes;

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