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(영문) 서울남부지방법원 2014.08.14 2014고단2154
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On April 18, 2007, the Defendant was sentenced to a fine of two million won for larceny, etc. in the Busan District Court’s Branch Branch Branch of the Incheon District Court. On May 29, 2007, the Defendant was sentenced to a suspended sentence of ten months for larceny, etc., and was sentenced to a suspended sentence of six months for larceny, etc. from the Incheon District Court’s Branch of the Incheon District Court.

After that, on June 19, 2008, the Incheon District Court was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

【Criminal Facts】

On November 20, 2013, around 23:10 on November 20, 2013, the Defendant: (a) opened an unlocked emergency door to “Fmat” operated by the victim E through an escalator through which the Defendant did not operate the second underground floor parking lot; (b) opened it into the president room; and (c) went into the president room; and (d) carried 50,000 won in cash owned by the victim and kept in the manual.

From that time until June 11, 2014, the Defendant: (a) stolen cash 450,000 won owned by the victim on five occasions, as indicated in the annexed crime list, from that time to that time; and (b) attempted to steal property after intrusion upon the same place; (c) however, the president’s office was locked and attempted.

Accordingly, the defendant habitually stolen or attempted to steals the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Previous convictions indicated in the judgment: Criminal history records, a copy of the summary order (2007 Highest 3385), a copy of the judgment (2007 Highest 644), a copy of the judgment (2007 Highest 865), and a copy of the judgment (208 Highest 536);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 342, and 330 of the Criminal Act concerning criminal facts and the choice of punishment.

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