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(영문) 서울서부지방법원 2017.08.25 2017고단1863
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On January 21, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for larceny at the Seoul Central District Court on March 26, 2015, sentenced to one year and six months of imprisonment with prison labor for larceny at the Seoul Northern District Court on March 26, 2015, and on July 16, 2015, the same court was sentenced to four months of imprisonment with prison labor for special larceny and completed the execution on June 28, 2016.

[Criminal facts]

1. Around 05:50 on June 10, 2017, the Defendant: (a) cut off with one 7 mobile phone at the time of gallon jumal ju (7 mobile phone) and one Ga five mobile phones at the gallon ju (700,000,000 won in a gallon (70,000,000,000 won in a gallon) with 25, Yongsan-gu, Yongsan-gu, Seoul, Seoul.

2. On June 10, 2017, the Defendant stolen the victim’s identification card and body card with 700,000 won at a gallon A5 mobile phone ju, the victim’s market value located in a car with locking in SM5 passenger car.

3. On June 17, 2017, around 05:23, the Defendant stolen LG K10 mobile phones equivalent to KRW 300,000,00 of the market value of the victim, which was located in a vehicle in which the victim H was locked in IK7 passenger cars.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny and special larceny, he stolen another's property over three times during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, F, and H;

1. In addition to the investigation report (Evidence No. 3, 8 through 12, 15, and 16), accompanying documents;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3.

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