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(영문) 서울중앙지방법원 2018.02.09 2017고합1276
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal history] On November 9, 2012, 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 Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to two years of imprisonment with prison labor for habitual larceny, etc. at the Seoul Southern District Court on May 19, 2016, and on August 8, 2017, the Defendant was sentenced to the termination of the execution of the sentence in Gwangju Prison and was 4 times more.

[2] The Defendant habitually takes up KRW 400,000 in cash from a credit cooperative under the jurisdiction of the Accounting Unit using a cresh in order for the victim E, whose business owner is the victim E, who is a business owner in the Seo-gu, Seo-gu, Gwangju around October 11, 2017 and in DPC room “DPC room” to take a toilet at the time of diving.

In addition, from that to December 2, 2017, money and valuables equivalent to the total amount of KRW 8,356,400 from victims, as shown in the list of crimes committed in the attached Form 12 times from that to that of theft, and wallets, etc. in the market price were stolen.

Accordingly, the defendant was sentenced to two or more penalties due to habitual larceny, etc., and again stolen the victims' money and valuables within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of E, G, H, I, J, K, L, M, N,O, P, and Q;

1. Each CCTV photograph, detailed photograph of settlement, and on-site photograph;

1. Each investigation report (on-site CCTV and suspect moving, listening to victim's statements, etc., and attaching photographs to the scene and suspect's pictures), and internal investigation reports (on-site CCTV and CCTV analysis);

1. Previous convictions: A written inquiry, the current status of personal acceptance, and judgment;

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, etc.;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime ( comprehensively including Article 5-4 of the same Act);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 50 years; and

2. The range of punishment recommended on the sentencing criteria [the type of punishment] shall be thieved;

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