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(영문) 서울남부지방법원 2013.09.26 2013고합316
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 26, 2006, the Defendant was sentenced to a suspended sentence of 6 months for larceny, and 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Northern District Court on March 11, 2008. On October 6, 2010, the Defendant was sentenced to a imprisonment of 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ansan District Court on March 5, 2012, and completed the execution of the sentence at the Seoul Southern District Court on February 5, 2012.

At around 02:30 on May 16, 2013, the Defendant habitually stolen cash in front of the D Hospital located in Eunpyeong-gu Seoul Metropolitan Government, and stolen a total of KRW 190,000 won by the same method three times in total, as shown in the annexed crime list, from the vehicle section located in the vicinity of the vehicle section, a tamper was put in the key hole of the tamper, opened a tamper in the tamper, and cut down in cash and stolen a 70,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Confirmation of personal information, field pictures, etc., investigation reports (on the spot ctv investigation), investigation reports (in response to the results of gathering a field fingerprint), A veterinary data, on-site photographs of thief crimes, investigation reports (related to failure to report on damage);

1. Previous convictions: Criminal records, investigation reports (Attachment to judgments), and investigation reports (reports verifying the fact of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness, taking into account the records of each crime, the number of crimes, the frequency of crimes, and the number of repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime (to select a limited term, including habitual larceny, with regard to the crime);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “Discretionary mitigation”), one of the reasons for sentencing.

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