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(영문) 서울남부지방법원 2014.08.27 2014고단2472
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 December 22, 2004, the Defendant was sentenced to 8 months in Seoul Southern District Court for larceny. On March 3, 2006, the Defendant was sentenced to 8 months in imprisonment with prison labor for larceny; on July 10, 2008, the same court was sentenced to 4 months in imprisonment with prison labor for larceny; on September 8, 2011, on January 20, 201, the Defendant was sentenced to 1 year and 6 months in imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 1, 2014, at around 02:50, the Defendant discovered the victim C, which was used in the breath under the influence of alcohol at the underground shopping district of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, and then stolen the victim’s 476,00 won in cash, one credit card, three physical card, one resident registration certificate, and one copy in the market price of 20,000 won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Seizure record and list;

1. Before judgment: References to criminal records and investigation reports (Evidence 8) shall be applied by statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the range of punishment for habitual theft and repeated crime]: Imprisonment with prison labor for not less than two years but not more than four years;

2. Although there are favorable circumstances, such as the fact that the amount of damage caused by the instant crime was not significant and the damaged goods were immediately returned to the victim, and that the Defendant is in profoundly against his mistake, the instant crime is a serious crime, the statutory penalty of which is imprisonment for life or for a limited term of not less than three years.

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