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(영문) 서울남부지방법원 2019.09.05 2019고단3714
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 29, 2002, the Defendant was sentenced to imprisonment with prison labor for a maximum term of one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Southern District Court on October 25, 2007; on October 25, 2007, the same court was sentenced to imprisonment with prison labor for larceny, etc. on May 7, 2009; on May 17, 2010, the same court was sentenced to six months for a punishment of larceny, etc.; on March 25, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of larceny, etc. at the same court on March 25, 2014; and on May 22, 2018, the execution of the sentence was terminated in the Seoul Southern Prison.

【Criminal Facts】

On July 13, 2019, at around 01:16, the Defendant opened a string door of the victim D's rocketing car parked at the Seoul Guro-gu Seoul Metropolitan Government B Apartment-ground parking lot, and entered the said car into the string door, and held at least KRW 10,000,000, which is the victim's possession of the string door, 4,500, the market price, and one of the two keyss at the market price.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and stolen property owned by the victim during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A thief site photograph;

1. A report on fire-proof (verification of the details of damage and recovery of cigarette butts), CCTV images for committing a crime;

1. Previous convictions: Criminal history records, investigation reports (examination of the gender of a specific crime committed in violation of the Specific Crimes Aggravated Punishment Act), judgment attached thereto, inquiry into confinement, and application of Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation; 1. The scope of recommending punishment according to the sentencing guidelines [decision of types] on 03. Joint habitual and repeated larceny under the Specific Crimes Aggravated Punishment Act.

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