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(영문) 서울서부지방법원 2016.03.10 2015재고합8 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 21, 2004 and three years for a crime of violation of the Act at the Seoul Central District Court on April 5, 2006, and on April 10, 2009, the defendant was sentenced to three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 10, 2009 and was sentenced to three years for a crime of violation of the Act at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes and was sentenced to nine times for the same crime.

[2] On April 7, 2012, around 18:38, the Defendant discovered the victim C who was walking a room in front of the Usco building located in Jung-gu Seoul, Jung-gu, Seoul, and subsequently discovered the victim’s bank, following the victim’s back-to-the-face, 32,000 won in cash owned by the victim, 32,00 won in cash in the victim’s possession, 2 pages of the new bank bank bank bank bank, 1, 1, 1, 1, 1, 1, 480 won in the market price at which the victim’s bank’s bank was located, and 1,000 won in the bank.

They brought to Korea.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (a copy of the judgment attached thereto);

1. Habituality: As indicated in the judgment of the court below, the defendant has a record of having been punished nine times due to the crime of larceny and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the contents and the method of the crime are very similar to the crime of this case, and the defendant committed the crime of this case only on one month after the defendant was released from the court, and can be recognized as a wall of larceny.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the selection of criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on April 10, 2009) is a crime.

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