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(영문) 서울중앙지방법원 2014.10.07 2014고단6421
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On October 22, 2003, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on November 22, 2003; on November 29, 2005, the Defendant was sentenced to 8 months of imprisonment with prison labor for night-time larceny in the Gangnam Branch of the Chuncheon District Court on November 29, 2005; on August 18, 2006, the Chuncheon District Court sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on October 31, 2008; on May 24, 2012, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for the violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Seoul Central District Court on May 24, 2012; and completed the execution of the sentence on May 30, 2014.

On June 24, 2014, around 07:30 on June 24, 2014, the Defendant: (a) stolen the rice b0km equivalent to 20km, which was owned by the victim D in the first basement of Seocho-gu Seoul Seocho-gu, Seoul, with the victim in front of the cafeteria.

As a result, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and has committed larceny again within the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Each photograph;

1. An investigation report (personal information of a victim);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports, and respective judgments attached thereto, and current status of personal identification and confinement;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing [the scope of recommending punishment] [the grounds for sentencing prescribed in Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15448, Apr. 1, 2007] (a person who has been sentenced to imprisonment for a period of two years or more to four years] of the basic area (a person who has been sentenced to imprisonment for a period of two years or more to four years] of the Criminal Act (see, e.g., Supreme Court Decision 200

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