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(영문) 서울북부지방법원 2018.09.05 2018고단2957
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2] On October 27, 2005, the Defendant was punished by imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on August 23, 2006, and ten months from imprisonment with prison labor for the attempted larceny, etc. at the Seoul Northern District Court on August 23, 2006; on December 11, 2007, ten months from imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on June 18, 2013; and on September 17, 2016, the Defendant was sentenced to one year and six months from imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on November 22, 2017.

[2] On July 6, 2018, around 03:31, 2018, the Defendant discovered DNA cargo vehicles owned by the victim C, which are parked in the vehicle parking lot, 95-ro 10,00,00, in Jung-gu, Seoul, Jung-gu, Seoul. The Defendant: (a) removed the locking system by inserting the steel company's window crepan; (b) opened the door and opened the door; and (c) cut off the 24 k mbb in the market price of KRW 3 million within the bank, which was placed at the top; and (d) stolen it with one,5,000,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Video CCTV CDs and closure photographs;

1. Previous convictions: Inquiry into criminal history, application of investigation reports (examination of change of rate and attachment of judgment of the same kind of force) and other Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 of the Criminal Act concerning the crime committed;

1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity are favorable to the defendant, under the circumstances favorable to the defendant, that the defendant has already been punished several times due to the crimes under the same law, and the fact that the defendant again committed the crime of this case even though he/she was during the repeated crime period after the completion of the execution of the final sentence, each of the circumstances unfavorable to the defendant are taken into account, and the age of the defendant;

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