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(영문) 서울중앙지방법원 2017.01.25 2016고단8598
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 three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on May 31, 2000, and was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 25, 2004. On August 16, 2007, the Seoul Central District Court was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 22, 2013. On August 22, 2013, the defendant was sentenced to three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on April 26, 2016.

[Criminal facts] On October 20, 2016, around 21:34, 2016, the Defendant discovered the victim E of only Taiwan, who was carrying a door at the right shoulder of the 'D' clothing shop 1st floor in Jung-gu Seoul, Jung-gu, Seoul. On the right shoulder, the Defendant discovered the victim E, using the crebs in which the victim was spawd and knds in the above bank and knife the victim’s cash 3,250,000,000 won of the market price.

They have come to her.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Report on internal investigation (related to CCTV investigation into a C building);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of cases of the same kind of suspect), court rulings of the same kind, and application of Acts and subordinate statutes on personal confinement;

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. On the grounds of sentencing under Article 35 of the Criminal Act for aggravated repeated crimes, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The defendant has already committed the same crime as the crime of this case over several times.

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