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Reasons
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(영문) 서울중앙지방법원 2013.08.16 2013고합591
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for four years.

Seized evidence Nos. 1 to 4, 13 shall be confiscated.

No. 5-11, seized evidence.

Reasons

Punishment of the crime

On November 5, 2004, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Seoul Western District Court, for three years and six months. On May 8, 2009, the Defendant was sentenced to imprisonment for the same crime at the Seoul Central District Court for three years and completed the execution of the sentence on March 16, 2012.

At around 06:30 on November 11, 2012, the Defendant opened and entered a Rabber with the door set forth in subparagraph 102 in Jung-gu Seoul Metropolitan Government, Jung-gu, the Defendant: (a) cut off the victim’s cash 20,000 won owned by the victim E; and (b) carried out one handbabbbbb in an amount equivalent to KRW 1 million at the market price of 90,000,000,000,000,000,000,000,000,000 won, from that time to May 31, 2013.

As a result, the defendant was sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and tried to steals or steals the victims' property again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by F, G, H, I, J, E, K, L, M, N,O, P, Q, and R;

1. The photograph of each CCTV course (Evidence Nos. 6, 15, 16 of the evidence list), the telegraphs and CCTV screen pictures, photo of the confessions of the suspect, photo of the suspect, and photograph of the purchasing place of the criminal suspect tools;

1. Each protocol of seizure and photographs of seized articles;

1. Each report (the sequence 1, 11, 22, 27, 32, 36, 37, 40),

1. Each report on internal investigation (the sequence 3, 4, 17)

1. Each investigation report (the sequence 26, 31, 34, 39, 44);

1. Previous records: Criminal records and other inquiry reports, each copy of the judgment, and the current status of personal identification and acceptance;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing larceny in light of the criminal records of the defendant including the previous conviction in the judgment, the criminal records of the same kind within a short time after release, and the methods and frequency of crimes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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