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(영문) 서울남부지방법원 2019.05.29 2019고단1115
특정범죄가중처벌등에관한법률위반(절도)
Text

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

The seized evidence 1 to 3(Seoul Southern District Prosecutors' Office 2019.605).

Reasons

Punishment of the crime

【Criminal Power】 On May 3, 2012, the Defendant was sentenced to three months of imprisonment with prison labor for attempted larceny, etc. at the Seoul Northern District Court on May 14, 2014; eight months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on May 14, 2014; ten months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on November 19, 2015; on October 26, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Jungyang Branch Branch of the Seoul Northern District Court on August 30, 2018.

【Criminal Facts】

1. The Defendant, without a certain occupation, was unable to meet the cost of living, such as making soup and making soup to Seoul, 2019dan115, and resolving meals at a free meal station. When the Defendant received relief expenses from a church or stolen church donation, and took clothes, gums, chewing, and knicks, etc. to be used in preparing the church, and returned to several churches. On December 11:55, 2018, the Defendant came to the “Diplomatic Association” managed by the Victim C in Gangseo-gu Seoul Metropolitan Government on the ground of the underground parking lot, and discovered that the second floor of the above building was unconstitutional in front of the said place through the underground parking lot. The Defendant attached a ice paper to the end of the clothes, added it to the 60,000 won, added it to 60,000 won, and added it to 130,000 won, and added it to 10,000 won, and added it to 20,000 won.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and stolen the victims' property during the repeated crime period.

Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes that a person who has been sentenced not less than three times to imprisonment with prison labor due to larceny, etc. re-offenders such crime during the period of repeated crime, even if adding to the criminal facts the phrase "in the period of repeated crime being sentenced not less than three times by larceny, etc.", there is no substantial disadvantage

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