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(영문) 서울중앙지방법원 2015.06.12 2015재고합60
특정범죄가중처벌등에관한법률위반(절도)
Text

The punishment of the accused shall be three years of imprisonment.

Reasons

Punishment of the crime

On October 4, 2002, the Defendant was sentenced to imprisonment for one year and six months with prison labor for the same crime at the Seoul Central District Court on February 11, 2005, and three years with prison labor for the same crime at the Busan District Court on December 15, 2006. On June 10, 2010, the Defendant was sentenced to three years with prison labor for the same crime at the Seoul High Court on May 14, 2013.

1. On July 18, 2013, at around 15:00, the Defendant entered an open entrance by using the gap, such as where the wife of the victim was in a toilet, etc. inside the indoor package flag (the wife of the victim D) located in the Yongsan-gu Seoul Metropolitan City Yongsan-gu Seoul Metropolitan City C market, and used one galgnono 2 smartphone at a level of KRW 1,070,000 for the market price owned by the victim on the table.

2. On July 18, 2013, at around 16:20, the Defendant: (a) accessed the victim E, who is under influence of alcohol at the 61-68 subway 1-68 subway 1-ro 3-ro station platform; (b) putting the victim into the back part of the right part of the victim his/her knife and knife his/her knife, and knife his/her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the defendant habitually stolen another's property two times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Previous records before ruling: Criminal records, etc. inquiry reports, personal identification and confinement status (A), investigation reports (a copy of a summary order, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4(6) and Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment;

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