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(영문) 서울중앙지방법원 2013.12.19 2013고단7217
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 8, 2007, the Defendant was sentenced to four months of imprisonment for larceny at the Seoul Eastern District Court (Seoul Eastern District Court) and had the same record of twelve times, and habitually stolen another’s property.

1. On October 28, 2013, at around 07:11, 201, the Defendant stolen the victim C’s thief with one gambling house (30,000 won at the market price) located in the middle-gu Seoul Central District, Jung-gu, Seoul, with a creb in which no one exists.

2. On November 4, 2013, at around 08:20 on November 4, 2013, the Defendant stolen the victim E with food materials, such as the two parts of the victim E (10,000 won at the market price) using the crepans inside the cafeteria of “G” restaurant located in Jongno-gu Seoul Metropolitan Government F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. E statements;

1. Criminal records;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the power of crimes, the number of crimes, and repeated crimes of the same kind;

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. Aggravation of discretionary mitigation of punishment under Articles 53 and 55 (1) 3 of the Criminal Act;

1. The recommended type of sentencing criteria: The range of recommending punishment that no person exists for a general person who has been sentenced to habitual and repeated larceny: Imprisonment with prison labor for two years or more to four years (basic areas): Offenses to be punished by imprisonment for a life (requirements of mitigation), whether a person has been sentenced to suspension of execution of a sentence for minor damage (requirements of mitigation): The recommendation of a sentence for a principal reason: The punishment for repeated crimes, the criminal records of the same kind (a fine of not less than three times) and not recovered from damage; the major reason for sentencing is that a person who has been sentenced to suspension of execution on not less than two occasions - the lack of social relationship - the lack of general pride relationship - the lack of general pride relationship - the minor damage, the age of the defendant, and the health of the defendant

2. In light of the nature of the instant crime and the circumstances in which the Defendant sold the stolen goods after the crime was committed.

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