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(영문) 서울서부지방법원 2013.04.25 2013고합55
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On November 2, 1990, the defendant sentenced 1 year and 6 months of imprisonment with prison labor for one year and 2 years of suspension of execution, imprisonment with prison labor for larceny at the Seoul District Court on July 23, 1993, imprisonment with prison labor for 8 months and 6 months in the same court on May 15, 1998, with prison labor for the same crime in the same court on August 8, 200, with prison labor for 1 year and 6 months, with prison labor for the same crime on March 17, 200, with prison labor for 5 years and 5 years from the Seoul Western District Court on August 3, 2006, with prison labor for the same crime.

【Criminal Facts】

At around 04:00 on October 7, 2012, the Defendant invadedd the “D” 202 in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, through a closed entrance, and then stolen the amount of KRW 80,000,000 in total, including 1.8 million, 10,000 won of cashier’s checks, 10,000 won, 10,000 won of the cashier’s checks, and 1.8 million won of the card.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of victim E prepared by the police;

1. [Prior Records]: A inquiry report, such as criminal records, and investigation report (Review and report on whether Article 5-4 (6) of the Specialized Family Act applies to the case);

1. [Habitualness] : The defendant was punished several times for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the criminal records in the judgment, and the contents and methods of the crime are mutually similar, and the defendant committed the same crime in the same case within the period of repeated crime after release. The application of statutes is recognized as habituality in light of the fact that

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

2. Article 35 and August 2006 of the Criminal Act among repeated offenders.

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