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(영문) 서울중앙지방법원 2016.09.22 2016고합797
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] 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 Incheon District Court on April 12, 2007, and was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul Central District Court on November 13, 2009.

On April 3, 2014, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court for the same crime, and filed a request for review during the execution of the sentence, and completed the execution of the sentence on November 8, 2015, by a court of the same trial on July 24, 2015.

[2] The Defendant, at around 14:05 on July 31, 2016, 14:05, 200 won in cash, 10,000 won in the new world merchandise coupon 3, 50,00 won in the new world merchandise coupon 50,00 won in the new world, 1,000 won merchandise coupon 5,00 won merchandise coupon 5,000 won in the new world, and 20,000 won in the market price, which includes 1155 of the victim C, boarding a Saemaeul train in 924, as in the Suwon-gu, Suwon-si, Suwon-si, Suwon-si, 200,000 won in the face of credit card, etc.

In other words, they stolen them.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on damage prepared by C;

1. A water source CCTV video CD (No. 4 No. 5 of evidence);

1. Previous convictions in judgment: Inquiries by residents, inquire about water supply, inquiry about crimes and criminal investigation records (A), investigation reports (verification of the same type of force and reporting attached to the judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime as indicated in the judgment and the repeated crime of this case under the same Acts within the short period after release;

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 (Article 35 of the Criminal Act) (Habitual larceny in the judgment that the execution of punishment was completed on November 8, 2015).

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