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(영문) 서울동부지방법원 2018.07.27 2018고단1757
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

On March 31, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and on November 16, 201, the Seoul Western District Court sentenced one year to imprisonment with prison labor for larceny; on March 12, 2013, the Seoul Southern District Court sentenced one year to imprisonment with prison labor for larceny; on March 27, 2015, the Seoul Western District Court sentenced one year and six months to imprisonment with prison labor for habitual larceny; on September 21, 2016, the Defendant was sentenced to one year and six months from the Seoul Western District Court to the Seoul Western District Court for habitual larceny; and on December 11, 2017, the execution of the sentence was terminated.

Criminal facts

On January 29, 2018, at around 06:53, the Defendant stolen the victim’s “D” room on the first floor underground of the Jung-gu Seoul Metropolitan Government apartment complex, with one smartphone in the amount of KRW 500,000,000, where the victim’s market value, which was placed adjacent to the victim’s possession, was located adjacent to the victim E by taking advantage of the gaps where surveillance was neglected due to the locked of the victim E.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to theft, etc., he stolen the victim's property within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. On-site reports (Analysis and investigation ofCCTV Images Evidence);

1. CCTV evidence photographs, and CCTV images;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal confinement status, and investigation report (report on confirmation of suspect A thief criminal history);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes (with regard to a criminal record of habitual larceny recorded in the judgment on December 11, 2017, on which the execution of punishment was completed, there is a criminal record of habitual larceny)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination]; the thief under the Act on the Aggravated Punishment of Specific Crimes; the thief, the thief (special sentencing factors); the thief (special sentencing factors): None of them (general sentencing factors): the mitigated factors.

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