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(영문) 서울동부지방법원 2013.12.19 2013고합332
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 15, 200, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Western District Court on December 15, 2000, and on June 22, 2006 at the Seoul Western District Court on December 22, 2006, and was sentenced to a summary order of KRW 1,000,000 as a result of larceny on December 22, 2006 at the Seoul Western District Court, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on July 24, 2008, and completed the execution of the final sentence at the Daegu Prison on October 28, 2013.

On October 19, 2013, the Defendant: (a) around 07:32, 07:32, the victim C, who was waiting to buy marks around 4 points in the Dong-gu Seoul terminal located in Gwangjin-gu Seoul Special Metropolitan City, 546-1, was released from a newspaper to remove the bags owned by the victim in order to prevent Dac people from viewing them; and (b) took them out from the wall, one million won check from the wall, eight cash checks, 18,000 won in total, and 1,818,000 won in total, were stolen the property of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report (related to field CCTV investigation);

1. Previous records of judgment: Criminal records and other inquiries, and investigation reports (a copy, etc. of judgment of a suspect);

1. Habitualness: The following circumstances acknowledged by the foregoing evidence, namely, ① the Defendant committed the same kind of crime even though he had been sentenced to the same punishment from around 1961 to about 50 years prior to the instant crime, and ② the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court on May 28, 2010 and was sentenced to three years on October 2, 2013 at least 17 days after the completion of the instant punishment.

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