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(영문) 서울북부지방법원 2019.06.13 2019고단1355
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On December 28, 2005, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court for ten months. On May 8, 2009, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Sungnam Branch of the Suwon District Court on May 8, 2009. On December 12, 2014, the Seoul Central District Court sentenced four years to imprisonment with prison labor for night building intrusion and larceny, etc. and completed the execution on August 29, 2018.

On October 7, 2018, at around 09:05, the Defendant stolen cash 280,000 won, which was owned by the victim D, which was owned by him, one cellular phone in the city, one credit card 2, one credit card 2, and one wall 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Investigation reports (fields and CCTV investigations) and CCTV images-shield photographs;

1. Previous records of judgment: Criminal history records, investigation reports (verification of crimes during the same type of crime and the period of repeated crimes), copies of judgment, and current status of confinement of individuals, shall be applied by statutes;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 35 of the Criminal Act (where a person is punished as a repeated offender, including as part of the constituent elements, Article 35 of the Criminal Act is included in the relevant Act,

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant repeated the same thief and again committed the instant crime because the Defendant was released from prison.

However, the defendant is recognized as committing a crime and is against the law, and the degree of damage is relatively minor, the defendant's life, motive for committing a crime, circumstances after committing a crime, age, environment, family relationship, etc. shall be determined as ordered in consideration of all the sentencing conditions.

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