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(영문) 서울중앙지방법원 2013.06.14 2013고합366
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 power] On October 19, 2001, the defendant was sentenced to 8 months of imprisonment with prison labor for larceny at the Seoul Central District Court, 8 months of imprisonment with prison labor for larceny at the same court on January 21, 2003, 10 months of imprisonment with prison labor for larceny at the same court on April 19, 2005, and 1 year and 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on January 24, 2007.

After that, on September 11, 2008, the defendant was sentenced to imprisonment for one year and six months by the Incheon District Court for the crime of larceny, and the execution of the sentence was completed on January 30, 2010 by the Daegu Prison.

【Criminal Facts】

1. From June 19, 2012, the Defendant, around 18:10 on June 19, 2012, 2012, placed a paper plastic bag prepared to prepare one point in advance, 7,650,000 won of the market price of the victim G holding that was located on the display stand, using the gaps in which the F’s surveillance by the store manager F was neglected in the first floor of D hotel in Jung-gu Seoul, Jung-gu, Seoul, as a craft sales store, within the “E” store.

2. On March 25, 2013, the Defendant: (a) committed larceny on March 25, 2013; (b) took advantage of the gaps of the employee I’s surveillance in the first floor of D hotel underground located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant stolen the Cheongchip typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ typ m

As a result, the defendant habitually stolen 2 points of 16,650,000 won in total on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and J;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of judgment, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing larceny in light of the fact that the criminal records of the defendant were the same as those recorded in the criminal records, and that the defendant again commits the larceny during the period of repeated crime after being released therefrom;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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