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(영문) 서울중앙지방법원 2008.05.29 2008고단2191
특정범죄가중처벌등에관한법률위반(절도)
Text

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

The forty-three days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Punishment of the crime

1. On June 20, 200, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at Seoul High Court on June 20, 200; ten months from the Seoul District Court on June 4, 2002; ten months from the imprisonment with prison labor for special larceny; on July 24, 2003, the Seoul District Court sentenced ten months from the imprisonment with prison labor for special larceny; on October 18, 2006, the Defendant was sentenced to one year and six months from the imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 6, 2008.

2. The criminal defendant habitually attempted to steals the victim's goods, but attempted to do so.

The Defendant, while under the influence of alcohol, tried to steal another’s property from a person who was diving, by cutting off the wall from a person who was diving, and then cutting off the wall, by using a cryp “profication” method.

On April 16, 2008, at around 03:55, the Defendant discovered that the victim F was in the front direction in Jung-gu Seoul Metropolitan Government D, under the influence of alcohol, and went back to the front direction of the victim who attempted to cut off the wall and then stolen the wall, and confirmed that the victim was in a state of locking the face, and attempted to cut off the wall further, but attempted to cut off the wall, but was cut off to G located in the math of the math, thereby leaving the above place or attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the prosecutorial statement concerning G;

1. Statement of the police statement concerning F;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records records, and reporting on the fact of criminal investigation records;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history, method of crime and the same kind of crime in the judgment were committed within the short time after release;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The fact that the defendant in Article 53 and Article 55(1)3 of the Criminal Code for discretionary mitigation is against the defendant;

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