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(영문) 서울중앙지방법원 2017.06.15 2017고단2888
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On April 24, 2006, Defendant A was sentenced to imprisonment for one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment of Specific Crimes, on January 15, 2009, and was sentenced to three years for a crime of violation of the Act on the Aggravated Punishment of Specific Crimes (Larceny) in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Seoul Central District Court on January 15, 2009, and on July 10, 2015, Defendant A was sentenced to two years and eight months for habitual larceny at the Seoul Central District Court on July 23, 2015 and was sentenced to two years and eight months for a crime of violation of the Aggravated Punishment of Specific Crimes.

On April 8, 2017, the Defendant, at around 03:50, set soup in Jung-gu Seoul, Jung-gu, Seoul, had a total market value of KRW 19.80,000,000 in the total market value of Samsung F, a victim of Samsung F, a gallon ju, and Samsung F, a group of 5,00,000,000 won.

Accordingly, the Defendant stolen the property owned by the victim.

2. Defendant B purchased stolen stolen goods at H located in Jongno-gu Seoul Metropolitan Government on April 13, 2017 and acquired stolen goods at KRW 200,00,00, despite being aware that Defendant A was a stolen victim F mobile phone 2 cost, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A written statement;

1. Each photograph;

1. Previous convictions made against Defendant A: He/she shall apply the inquiry letter (A), each judgment, and the Acts and subordinate statutes on the current status of acceptance of each individual;

1. Relevant legal provisions and the choice of punishment for the crime;

A. Defendant A: Article 5-4 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act

B. Defendant B: Article 362(1) of the Criminal Act (Optional to a punishment)

1. Article 35 of the Criminal Act for the aggravation of repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Sentencing with regard to Defendant A of Article 334(1) of the Criminal Procedure Act (Defendant B)

1. Two types of theft (Habitual larceny) under the Specific Crimes Aggravated Punishment Act on the scope of the recommended punishment: None of the basic areas (two years to four years) (the person who is subject to special sentencing)

2. The defendant who has made the decision of sentencing.

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