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(영문) 서울북부지방법원 2018.08.23 2018고단2203
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for the commission of larceny, etc. at the Seoul Central District Court on March 30, 2005; ten months of probation; two years of imprisonment with prison labor for the commission of larceny; six months at the Seoul East District Court on October 20, 2006; two years of imprisonment with prison labor for the commission of larceny; on January 22, 2010, at the Seoul Central District Court sentenced the Seoul Central District Court to two years; on May 19, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the commission of larceny; and on January 8, 2017, the execution of the sentence was completed in the Gyeyang Prison Prison.

【Around December 3, 2017, the Defendant cut off the locks of 300,000 won at the market price owned by the victim D, which was corrected by bicycle locks from the front corridor of Gangdong-gu Seoul Metropolitan Government CB101, and then cut off the locks of 300,000 won, from around May 18, 2018, the Defendant stolen eight bicycles worth a total of 4,20,000, as shown in the list of crimes in the separate sheet of crimes from May 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of E, D, F, G, H, I, J, and K;

1. Photographss, CCTV images to take on-site and CCTV images for crime prevention;

1. Each report on investigation;

1. Previous records: Application of investigation reports ( Results of search of prisoners), investigation reports (data on the confinement of suspects and attachment of criminal records of the same kind in the past), investigation reports (crimes and confirmation of cases during the period of repeated crimes) and Acts and subordinate statutes;

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

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

1. The Defendant’s reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is in profoundly against the Defendant’s attempt to commit the instant crime.

The victim D's bicycle was restored to the victim.

However, the Defendant was punished for larceny over 8 times, not only twice but also twice.

It has been punished several times for the same crime and has not yet been released again.

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