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(영문) 서울중앙지방법원 2014.08.08 2014고단3606
특정범죄가중처벌등에관한법률위반(절도)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2003, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Western District Court (Seoul Western District Court) and eight months on December 19, 208, and the same criminal records were added to eight times in addition to imprisonment with prison labor for the same crime at the Seoul Central District Court (Seoul Central District Court).

At around 10:30 on March 21, 2014, the Defendant opened a restaurant in Jongno-gu Seoul Metropolitan Government’s “D” restaurant, and intruded into it, and the victim left a string of the string in order to prepare for business, and 600,000 won in cash owned by the victim, 1 foreign registration certificate, 2 credit card cards, etc. within the bank of the victim who is placed on the back of the string string of the string of the string in order to prepare for business.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. On the spot and the ctv course, CCTV data, related photographs, and related CCTV data;

1. Previous convictions in judgment: Criminal records and investigation reports (Habitual review, court rulings, summary orders, and report on the wife of a non-prosecution);

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 repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning criminal facts and Article 5-4 (1) of the same Act concerning the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] The mitigated area (1 year and six months to three years) of the mitigated area (1 year and six months) of habitual and repeated larceny (1 year and six to three years) [Special Mitigation] of the Criminal Act] is against the defendant, and considering the fact that the defendant is against the sentence, the degree of damage to the case, and the victim did not want to be punished, it is decided as per Disposition for the above reasons.

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