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(영문) 서울중앙지방법원 2013.09.27 2013고합801
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 17, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court, and on October 4, 2010, to one year and six months, respectively, and on December 21, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Central District Court, and on December 21, 2012, the Defendant had nine times the same power, such as the termination of the execution of the sentence in the Suwon District Housing Site at the Suwon District Court on June 16, 2013.

On July 16, 2013, at around 21:57, the Defendant used the cresh of the victim E’s clothes at the D clothes store No. 19 of Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, in order to put the victim’s hand in the bank where he was faced with the shoulder, and taken 2.75 million won in cash and 12 million won in cash, which are the victim’s possession.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation record of seizure;

1. Each description and image of a report on the occurrence of a crime, a criminal investigation report, a CCTV image photograph, a criminal investigation report, a criminal investigation report, a victim's CCTV theft in a clothing store, a criminal investigation report (the details of telephone conversations of the victim), an investigation report (the details of telephone conversations of the victim-friendly victim), and an investigation report (the investigation of the contents of telephone conversations in the victim

1. Previous records of judgment: Each written investigation report (report on attachment of the judgment of the same kind of suspect and the expiration date of the term of punishment), criminal records, etc.;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The summary of the claim.

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