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(영문) 서울중앙지방법원 2014.05.02 2014고합310
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On February 1, 1996, the defendant was sentenced to imprisonment for 10 months with prison labor, 2 years under the suspension of execution, 1 year under the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on October 26, 2004, 3 years under the same court on August 16, 200, 1 year and six months under the same court on August 9, 200, 6 months under the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) with prison labor due to larceny, etc. at night, in the same court on August 1, 2000, 1 year and six months under the same court on March 4, 200, 1 year and six months under the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on March 26, 2004, and 3 years under the same Act with prison labor at each court on March 30, 2013 (the said Act).

【Criminal Facts】

On March 7, 2014, at around 07:20, the Defendant got 20,000 won in cash owned by the victim and 400,000 won in a new bank credit card company, in the clothing store for the management of the victim F of the D market E located in Jongno-gu Seoul Metropolitan Government D market E.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report ( telephone conversations with the Arrester G);

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports, personal identification records, investigation reports, written judgments;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the time of crime, the method of crime, etc.;

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 relevant criminal facts;

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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