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(영문) 서울동부지방법원 2017.11.09 2017고단2960
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 30, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court on 1 year and 6 months; imprisonment with prison labor for night intrusion larceny at the Incheon District Court on February 17, 2005; imprisonment with prison labor for four months at the Seoul East District Court on September 25, 2008; on August 12, 2010; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on April 23, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Western District Court on April 23, 2015; and on November 14, 2015, the Defendant completed the execution of the sentence at the Sungsung vocational training prison.

From January 2017, the Defendant was aware of the fact that the Defendant had been working as the gas station in Seongdong-gu Seoul Metropolitan Government, with the knowledge of the fact that the Defendant kept cash without correcting his book books at the above gas station office.

On February 18, 2017, the Defendant, at around 11:00 on February 18, 2017, entered a locked office with the victim E, a manager, and other employees, and stolen the cash of KRW 1.8 million owned by the victim in the book. The summary of the evidence was stolen.

1. Statement by the defendant in court;

1. E statements;

1. Confirmation of identity of the thief;

1. A written appraisal;

1. CCTV images;

1. Previous convictions: A written inquiry about criminal history, a criminal investigation report (verification of results of the search of prisoners), a criminal investigation report (verification of results of the search of prisoners), and application of Acts and subordinate statutes to a criminal investigation report (former and court rulings);

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The defendant's age, sex behavior, environment, and crime are committed, such as the fact that there are several records of punishment for the same kind of crime, the fact that the defendant committed the crime in this case at once during the repeated crime period, and the fact that the damage has not been recovered: the defendant's mistake is against his/her age, sex, environment, and crime.

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