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(영문) 서울중앙지방법원 2015.01.28 2014고단8508
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

[Criminal Power] On October 11, 2010, the Defendant received a summary order of KRW 3 million by larceny, etc. from the Seoul Southern District Court.

【Criminal Facts】

On August 23, 2014, at around 06:30 on August 23, 2014, the Defendant opened a door of a vehicle that was parked in the front parking lot of the loan located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, without correction of the FM3 vehicle, and the Defendant carried two color-fluor-fluor in the market price of the victim G located in the top of the car operation.

In addition, from around that time to November 7, 2014, the Defendant habitually stolen the victims' property and attempted to steals 13 times in total, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, H, I, J, G, and K;

1. Investigation report (field inspection and on-site photographs);

1. Each protocol of seizure and each list of seizure;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are systematically repeated;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the relevant criminal facts and Articles 5-4 (1) of the same Act concerning the selection of specific crimes;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 333(1) of the Criminal Procedure Act for the Return of Victims [Scope of Recommendation] : (a) the basic area (2 to 4 years) of the type 1 (2 to 4 years) of habitual and repeated larceny / [1] no person who has been sentenced to a special punishment / [2] / The decision of sentence / most damaged goods other than cash were recovered; (b) the amount of damage in this case was not significant; (c) the victim C, I, and K was agreed with the victim; (d) the Defendant was in depth against the Defendant; and there was no other criminal record other than the Defendant’s judgment; and (d) the Defendant’s age, character and behavior, environment

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