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(영문) 서울남부지방법원 2017.11.30 2017고합507
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Criminal facts

[2] On December 12, 2001, the Defendant was punished by imprisonment with prison labor for one year and six months; imprisonment with prison labor for one year and six months; imprisonment with prison labor for one year and six months; imprisonment with prison labor for one year and six months; and imprisonment with prison labor for the same crime at the Seoul Western District Court on March 3, 2006 at the Seoul Western District Court on September 14, 2007; three years and six months; imprisonment with prison labor for the same crime at the Seoul Southern District Court on April 21, 201 at the Seoul Southern District Court on the same crime; imprisonment with prison labor for two years and two years from October 24, 2014; and imprisonment with prison labor for three years and nine years from January 17, 2017 to September 17, 2017; and imprisonment with prison labor for larceny from the Seoul Southern District Court on March 21, 2019 to September 19, 2017.

[Criminal facts] On October 18, 2017, around 20:08, the Defendant discovered one unfolded bicycle at the market price owned by the victim E, which is located in Yeongdeungpo-gu Seoul Metropolitan Government around October 18, 2017, and took advantage of the gap where the victim’s surveillance was neglected.

As a result, the defendant was sentenced to punishment twice or more due to larceny, and subsequently stolen the victim's property again within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Photographs;

1. Previous records and habituality of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that each criminal record, method of crime and the same kind of crime are repeated several times, as shown in the inquiry letter, investigation report (report on the latest same criminal records and accompanying sentences of the judgment) and each copy of the judgment, etc. are shown;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

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

1. Sentencing Articles 53 and 55(1)3 of the Criminal Act (i.e., taking into account the favorable circumstances in which sentencing is significant) of the mitigated amount of punishment

1. The scope of punishment by law:

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