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(영문) 서울서부지방법원 2012.11.29 2012고단2011
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 13, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny in Seoul Western District Court on August 13, 201, and the execution of the sentence was terminated on May 12, 2012.

【Criminal Facts】

1. On September 24, 2012, around 02:30 on September 24, 2012, the Defendant: (a) cut off one of kimchi lines containing the unfachi infachi in the market value, which is the victim’s ownership located in the E-cafeteria operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government, and was located outside the E-cafeteria operated by the victim D.

2. On September 24, 2012, around 02:50, the Defendant: (a) opened a tent set up at the entrance of a tent operated by the victim G in the Eunpyeong-gu Seoul Metropolitan Government F1st on September 24, 2012; and (b) intruded into a tent, the Defendant stolen by inserting 12, 1.80 won in total, the market value of the victim’s possession, which the victim was in custody at the said place, in the form of plastic stuffed by inserting 2,1.8L, 2, 2, 1.8L invins.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Seizure records;

1. Previous convictions indicated in judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification reports on the expiration of the period of punishment);

1. Article 329 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, even though they committed a crime within the period of repeated crime, the damage was fully recovered as a livelihood crime and agreed with the victims.

The summary of this part of the facts charged is that the defendant committed the larceny in a habitual judgment, and the defendant did not habitually commit the crime in a contingent manner.

According to the records of this case, not only three times but also three times the criminal facts in the judgment of the defendant, which were punished for the same kind of crime. However, the contents of the previous crime steals the property of a person who is drunk in the vehicle or on the road.

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