(영문) 서울중앙지방법원 2015.04.30 2015재고합14

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(영문) 서울중앙지방법원 2015.04.30 2015재고합14

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 7, 1998, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and on May 30, 200, at the Suwon District Court, for the same offense, at the same court on April 29, 200, two years of imprisonment with prison labor for the same offense; on October 25, 2006, at the same court on the same date, one year and six months of imprisonment with prison labor for the same offense at the Seoul Central District Court on March 20, 209; on June 26, 2012, one year and six months of imprisonment with prison labor for the same offense; and on November 24, 2013, the execution of the final sentence was terminated.

On July 29, 2014, around 00:20, the Defendant: (a) was on board the train No. 522, KEX (KTX)-U.S. 522 and was in the direction of lux, and was in the direction of lux station, the Defendant found that the victim C was in the lux station located in the lux station located in the luxical 21, U.S. 16th (B) of the said train at the market price of KRW 4 million; (b) the victim C was in the lux station located in the lux station located in the lux station in the lux station; and (c) the victim C was in the lux station located in the lux station located in the lux station in the city of 16th and 9th (A) of the market price; and (d) the Plaintiff got in the lux by taking advantage of the lux surveillance.

Accordingly, the Defendant habitually stolen the Nowon-gu bank containing one set of Nowon-gu in the amount of KRW 4 million in the market value of the victim's possession, one set of ships, one set of marinas, one USB, one document in the market value, one set of documents in the market value, and one set of Nowon-gu bank in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Records of seizure and seizure list, train operation time inquiry, seat selection marks, photographs and video images;

1. Previous convictions in judgment: Criminal records and investigation reports (Evidence Nos. 13, 15);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing larceny in light of the criminal records of the defendant including the previous conviction in the judgment, the same kind of crime repeatedly committed within a short time after release, and the similarity of the criminal law;

1. Relevant Articles of the Act concerning the facts constituting the crime;

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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