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(영문) 서울북부지방법원 2013.12.06 2013고합313
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, at the Chuncheon District Court on March 22, 2004, sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Chuncheon District Court on August 24, 2006, two years of imprisonment for the same crime at the Seoul Northern District Court on February 26, 2010, one year and six months of imprisonment for the same crime at the Seoul Northern District Court on February 26, 201, and one year and six months of imprisonment for the same crime at the Seoul Northern District Court on August 25, 201, respectively, and completed the execution of the sentence on January 15, 2013.

On August 6, 2013, at around 17:30 on August 6, 2013, the Defendant accessed the gap in which the victim C neglected due to the congested passengers in the bus No. 153, which is operating the U. S. P. P. C. located in Gangseo-gu Seoul Metropolitan Government.

The Defendant, by putting the hand in the handbags where the victim was opened, 1 million won cashier's checks issued by the new bank, 100,000 won cashier's checks issued by the new bank, 10,000 won cashier's checks issued by the new bank, 10,000 won cashier's checks issued by the new bank, and 10,000 won cashier's checks issued by the Bank, 15,50,000 won checks issued by the Bank, and 12,000 won checks issued by the Bank.

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

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of damage;

1. Investigation report (application for a warrant of seizure, specific suspect);

1. Records before judgment: Criminal records, etc. inquiry reports, results of prisoners search, and investigation reports (the previous records and confirmation of a suspect);

1. Habitualness of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the execution of the punishment was completed for the same criminal record as in the judgment, including the power of each crime and the method of taking crimes, and that it was committed again at all times;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.

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