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(영문) 서울중앙지방법원 2019.08.14 2019고단3411
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 February 15, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on April 6, 2016, and was sentenced to ten months of imprisonment with prison labor for larceny, etc. on June 14, 2017 by the Seoul Eastern District Court on June 15, 2017, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul East Eastern District Court on October 15, 2018 and was sentenced to five times of criminal records, such as larceny, in addition to the completion

On May 19, 2019, at around 06:10, the Defendant: (a) accessed the victim B, who was under the influence of alcohol on the platform of Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government Lee 177, and 6, used on the relevant floor; and (b) stolen the Defendant’s use of one Samsung Taltho Talthro 8 mobile phones owned by the victim, which are located on the victim’s bridge.

Accordingly, the Defendant, who committed larceny, was sentenced to imprisonment not less than three times, and again stolen the victim’s property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on internal investigation, and investigation reports;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as dispositions, previous records, results of confirmation, criminal records, and inquiry;

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 among repeated crimes;

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 punishment by law: One to twenty years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The basic area of larceny [Type 1] under the Specific Crimes Aggravated Punishment Act, joint habitual larceny [the scope of recommending areas and recommending punishment], and one year and six months through three years;

3. Determination of sentence: One year and six months of imprisonment with prison labor has already been imposed on the defendant for the same crime, but he is also under the period of a repeated crime of the same kind at the same time.

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