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(영문) 서울북부지방법원 2018.04.20 2018고단107
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 6, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and six months and one year and six months at the Seoul Central District Court on September 30, 201 as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 26, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence on July 23, 2017.

around 14:00 on January 5, 2018, the Defendant stated that “The Defendant would purchase ten copies of KRW 10,000 gift certificates to the victim E (63 tax) located adjacent to the departure port No. D 4 of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, that “the Defendant would purchase ten copies of gift certificates of KRW 10,000,000.”

Accordingly, in the case where the victim was in the car of the victim, he taken the gift certificates contained in the paper bags (70 per 10,000 won per merchandise coupon, 19 per 19,000 won per 19,000 won per 3 per 30,000 won per 3,000 won per 23,000 won per 6,000 won per 6,000 won per 1,000 won per 19,000 won per 1,000 won per 1,000 won per 1,000 won per 20 won

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Legal statement of witness E, F and G;

1. A seizure list;

1. In cases of an investigation report (on-site CCTV verification), CCTV images closure photographs, and attaching one CD;

1. Previous offense: Application of a reply to inquiry such as criminal history, investigation report [Attachment 1 of the Judgment], investigation report [Attachment 2 of the Judgment], investigation report [Attachment 3 of the Judgment], investigation report [Attachment 4 of the Judgment], investigation report [Attachment 4 of the Judgment], investigation report (Attachment 4 of the Decision], investigation report (Attachment 1 of the

1. In light of the fact that there was a history of punishment several times for the same crime for sentencing under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act as to the crime, and the criminal defendant again commits the crime of this case during the period of repeated crime, the sentence shall be imposed on the defendant. However, the punishment shall be imposed as ordered in consideration of the fact that the damaged goods have been entirely returned to the victim and the sentencing conditions as prescribed in Article 51 of the Criminal Act, which

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