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(영문) 서울중앙지방법원 2015.06.05 2015재고합29
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

On September 3, 2004, the Defendant was sentenced to imprisonment with prison labor for special larceny in the Seoul Southern District Court, and on September 5, 2007, one year and six months in the same court, respectively. On August 26, 2009, the Seoul Western District Court sentenced two years to imprisonment with prison labor for the same crime, etc., and completed the execution in the port prison on June 8, 201.

On February 18, 2013, at around 13:10, the Defendant started the subway station of Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government, and discovered that a white room is opened to the shoulder of the victim C in the front line towards the Doksan Station, and laid down 20,000 won in cash owned by the victim, 1 copy of the cultural products right, 1 copy of the SSK card, and 20,000 won in the market price.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

Criminal facts

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of examination of the defendant

1. Each police statement of C or D;

1. Records of seizure and the list of seizure;

1. Previous convictions in the judgment of on-site re-records and list of seized articles: Criminal history records and other inquiries, the number of personal identifications and confinements of individuals, and habitual natures in the judgment of an investigation report (Attachment to a criminal record and judgment of a suspect): The defendant has been punished several times for larcenys in the retail storage method, and the defendant has repeatedly committed the crime of the retail storage method only for a year and eight months after the release.

The defendant, as he recognizes, did not report the open bank of the victim and did not suppress the impulse, and did to commit the crime.

In light of this, the defendant and the defense counsel who are not a criminal act by the damp shall not be accepted, since they can be admitted as such.

Application of Statutes

1. Relevant Article 332 of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes: (a) June 8, 201.

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