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(영문) 서울중앙지방법원 2013.05.15 2013고단1525
특정범죄가중처벌등에관한법률위반(절도)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Central District Court on August 31, 2007 and completed the enforcement of the sentence on January 24, 2008 at the Seoul Detention Center, and the same criminal records were more than 17 times.

【Criminal Facts】

At around 16:45 on February 20, 2013, the Defendant: (a) accessed the victim E, a Japanese tourist victim, who was frighted after having completed the repair of the goods, thereby opening a boomer of the bank where the victim was in his/her possession and her hands up his/her hand, thereby cutting down one transparent vinyl fright, including KRW 107,060,060, in cash.

Accordingly, the defendant habitually stolen another's goods.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on investigation, photograph of damaged articles, and photograph of victim passport;

1. Records of seizure, list of seizure, and photographs of seized articles (prior records on the market);

1. Criminal records;

1. Report on investigation (verification of confinement records), results of prisoners inspection;

1. Investigation reports (verification of criminal records, etc. of the same type of criminal records) and the results of searching candidates;

1. Application of Acts and subordinate statutes to a person who is recognized as a habitor of larceny in light of the records of each crime committed in the judgment of each disposition, the confirmation report, and a copy of the judgment (Habitualness at the market);

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

1. Selection of punishment and limited imprisonment;

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

1. Suspension of execution under Article 62(1) of the Criminal Act: Imprisonment with prison labor for a period of 1 year and 6 months (limited to 1 year and 6 months) to 15 years (limited to 1 year and 6 months) to 3 years (limited to 1 year and 3 years (limited to 1 year and 6 months) to 1 year and 6 months (limited to 1 year and 3 years) to 1 year and 1 year (the mitigated area among thief crimes: 1 year and 1 year of habitual larceny) to 1 year and 1 year from among thief crimes).

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