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(영문) 인천지방법원 부천지원 2014.06.12 2014고단986
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 March 3, 1993, the Defendant was punished by imprisonment with prison labor for larceny in the Seoul Central District Court for 10 months; imprisonment with prison labor for 500,000 won for the same crime at the Central District Court on April 7, 2010; fine of 1 million won for the same crime at the same court on May 6, 2013; fine of 2 million won for the same crime at the Seoul East East District Court on December 28, 2013; imprisonment with prison labor for 8 months for the same crime at the Seoul Northern District Court on January 17, 2014; and imprisonment with prison labor for 2 years.

Defendant, habitually,

1. On February 16, 2014, around 02:00, in the so called “Drata” located in “Drata” on the first floor of Kuri-si C underground level, the victim E uses a cresh in which the victim E drata drats the victim’s market value, which was located adjacent to the victim’s 7.50,000 won, to cut off one cell phone, one copy of Samsung Ggala-si’s Crata card, one resident registration certificate, and 20,000 won in cash;

2. At around 05:00 on March 1, 2014, the victim’s market value, which was placed adjacent to the victim’s seat, was thefted by a cresh in the 'G Saconna located adjacent to the first floor of the F of Gangdong-gu Seoul Metropolitan Government, which was located adjacent to the victim’s seat, by taking advantage of the cresh in which the victim’s H is locked;

3. Around 01:00 on March 8, 2014, at the “Jari” resting room located in the second basement of Seongdong-gu Seoul I, Seongdong-gu, Seoul, one of Samsung Gallon phones 3 mobile phones of the market value of the victim, which was placed adjacent to the victim K, was stolen by taking advantage of the gaps in which the victim K locked kid.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Criminal place, report on seizure, list of seized articles, photograph of seized articles, each case transfer report, investigation report (investigation into correction of the date, time and place of crime);

1. Records of judgment: Criminal records, etc. and inquiry reports and investigation reports (attached to the same criminal records);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing the theft behavior in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

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