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(영문) 인천지방법원 2014.05.07 2014고단2183
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On May 24, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Incheon District Court on February 7, 2014, and completed the execution of the sentence at the Incheon Detention House.

The Defendant, at around 16:00 on February 22, 2014, entered the cosmetic room in Nam-gu Incheon Metropolitan City as a customer, and opened the cosmetic room in which the victim E, the customer, was placed in a sofacion by making use of a creb in which he/she was the victim’s cash 1,50,000 won, and collected a 150,000 won in the market price of the victim’s cash, as described in the attached list of crimes, from around that year.

3. Until around 15:50, 14. 15:50, a total amount of KRW 4,290,000 was stolen by the said method.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G, H, I, E, J, K, L, M, N,O, P, and Q;

1. Previous convictions: Criminal records and investigation reports (verification of the period of repeated crime of a suspect and attachment of relevant judgments);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the 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;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing [decision of a sentence] under Articles 53 and 55(1)3 (Article 55(1)3 (Article 55(1) of the Criminal Act (Article 53 and Article 55(1)3 (Article 55(3) of the Criminal Act (Article 55(1) of the Criminal Act (Article 55(1) of the Criminal Act (Article 53 of the Criminal Act) (Article 1 of the Act on Discretionary Mitigation of Habitual Habitual Habitual Repeated) [Scope of Recommendation] 2 years to 4 years [decision of a sentence] of the Criminal Act (Article 15(1)] of the

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