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(영문) 서울중앙지방법원 2017.11.21 2017고단7351
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 7, 200, the Defendant was sentenced to a suspended sentence of ten months for special larceny at the Seoul Central District Court for three years, and on October 19, 200, from the Sungnam Branch Branch, the imprisonment with prison labor for August 23, 2001 for special larceny at the Seoul Southern District Court for one year and six months, and on November 19, 2002, at the same court as on September 19, 2002, for the same crime under the Act on the Aggravated Punishment, etc. of Specific Crimes, with prison labor for one year and six months, and on September 23, 2004, with prison labor for three years from the Seoul Central District Court to the same offense, and on November 14, 2006, with the same court for the same offense as the imprisonment with prison labor for three years from the same offense, with prison labor for one year and six years from the same time on July 14, 2009, and with the same court for the same offense as the fine of one year and one year and six months from the same date.

On October 16, 2017, at around 04:09, the Defendant cut off 176, the Seocho-gu Seoul Seocho-gu New Distribution Complex No. 176 and 4 boarding home seat of the Seocho-gu Seoul Seocho-gu Seoul, the victim C, who was locked, using a gap in surveillance over the victim C, with a list of posters and figures owned by the victim, one brue color hand, and two brue color bags containing a hand, and one brue bag for travel cosmetics, etc. containing a sum of 300,000 won in the market value.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny and again commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each investigation report (the sequence 3,15 of the evidence list);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and each investigation report (Evidence List 9, 11) Act and subordinate statutes;

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

1. Article 53 of the Criminal Act for mitigation of amount;

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