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(영문) 서울북부지방법원 2017.09.28 2017고단3283
특정범죄가중처벌등에관한법률위반(절도)
Text

The punishment of defendants shall be two years.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 16, 201, one year and six months of imprisonment with prison labor for special larceny at the Central District Court on June 13, 2013, and one year and six months of imprisonment with prison labor for special larceny at the Seoul East East District Court on August 27, 2015.

The defendant completed the last sentence on December 10, 2016.

On July 25, 2017, the Defendant: (a) opened a locker locked owned by D in a restaurant operated by D in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and opened the entrance of the restaurant in order to open the door of the restaurant in the restaurant and found any object that can be stolen by entering the restaurant, but it is not appropriate to take place outside the cafeteria.

The Defendant, who was sentenced to imprisonment not less than three times with prison labor due to the same crime of larceny, etc., was intruded into a structure at night, thereby having attempted to steals the victim’s D property and thus having attempted to steals.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. locked photographs;

1. Criminal history: Application of inquiries, circulars, and the Acts and subordinate statutes on the personal acceptance status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 331 (1) of the Criminal Act concerning the criminal facts;

1. Determination of punishment Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing criteria recommended: Two years to four years; and

2. Decision of punishment: to recognize errors;

It is an act committed under the influence of alcohol.

In this regard, there are many criminal experiences with the same contents.

Even after being punished, the crime is repeated.

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