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(영문) 의정부지방법원 2014.08.27 2014고단2273
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On December 1, 2006, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Seoul Northern District Court, and on April 4, 2008, the Seoul Northern District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court, and on June 15, 2012, the Defendant completed the execution of the sentence on April 16, 2014.

【Criminal Facts】

1. On June 25, 2014, around 15:10 on June 25, 2014, the Defendant: (a) stolen property from the victim D to the “E” restaurant operated by the victim D; and (b) invaded upon the structure managed by the victim via the rear door.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft with a victim’s cash of KRW 100,000,000,000,000, in cash owned by the victim D, located in the main line of the said restaurant at the time and place specified in paragraph (1) of this Article, and with a cash of KRW 50,000,000,000,000,000,00

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to special larceny, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and larceny again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports by the prosecution (verification of details of damage inflicted on the other party of the victim and the corrective conditions of entrance doors);

1. Police investigation report (CCTV reading) and on-site photographs;

1. Previous records: Application of previous records and written statements, investigation reports by prosecutors (to bound copies of written judgments, such as theft, and confirmation of the expiration date of term of punishment), number of individuals and current status of confinement by each individual;

1. Article 319 (1) of the Criminal Act and Article 319 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act concerning the relevant criminal facts, the choice of punishment for a limited term;

1. Aggravation for repeated crimes;

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