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(영문) 인천지방법원 부천지원 2017.10.27 2017고합177
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On June 13, 2007, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on May 29, 2009, and 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 Southern District Court on January 10, 201. On January 10, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on June 30, 201, and completed the execution of the sentence on April 18, 2017.

[2] On June 28, 2017, around 15:44, the Defendant: (a) placed the victim D’s “EMt” operated by the victim D in Jung-gu Seoul Metropolitan Government, Seoul; (b) placed the victim’s market price, which is the victim’s own share, in total of KRW 346,50,00, on the two-way molds through the left arm’s length, and stolen it without calculating it.

In addition, from that time until July 6, 2017, the Defendant stolen a total of KRW 1,421,00 of the market price on seven occasions, as shown in the list of offenses in the attached Form.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen another person's goods within three years after the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of F, G, H, I, and J, and K’s petition;

1. Previous records: Inquiry of criminal records into criminal records, reporting of the results of confirmation of the previous records of the disposition, reporting of investigation (Attachment to the same records of the suspect), sentence, and acceptance status of individuals;

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized in light of the records of each crime in the judgment, the number and frequency of crimes, and the fact that the accused has committed the same kind of crime in a planned and organized manner several times;

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(6) of the Criminal Act comprehensively covering the relevant criminal facts.

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