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(영문) 서울남부지방법원 2016.12.13 2016고단5365
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On August 10, 2001, the Defendant was sentenced to five years of imprisonment and protective custody in the Seoul Eastern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on February 8, 201, to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., in the Ansan District Court’s Ansan Branch on February 8, 201, and on September 30, 201, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., in

In addition, on August 24, 2016, the Suwon District Court was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief).

【Criminal Facts of Crimes】 On July 13, 2016, around 03:48, the Defendant came to be a tent of the outdoor store in which the victim D, who was in light of the victim C, was located in light of the following: (a) around 03:48; (b) around 13, 2016, the Defendant put up a tent and intruded into the said tent; (c) seven punishments on half arms, the victim’s possession; (d) three punishments on Accent learning Ha; and (e) one turn, the market price equivalent to KRW 627

Accordingly, the defendant stolen the victim's property by entering a structure managed by F, an employee, at night.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. An appraisal report, a protocol of seizure, a list of seizure, and on-site photographs;

1. Previous records: Application of Acts and subordinate statutes to the status of acceptance of each person, such as report on the result of confirmation before and after disposition, each of the judgment, search and output of Na case;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) and Article 55 (1) 3 of the Criminal Act to mitigate punishment for concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, led to the confession of the crime of this case.

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