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(영문) 서울북부지방법원 2017.05.19 2017고합99
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On May 13, 2003, 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 Seoul Central District Court on May 15, 2005, one year and six months, and one year and six months, and one year of imprisonment with prison labor for the same crime at the Seoul Western District Court on August 10, 2007, four years of imprisonment with prison labor for the same crime at the Seoul Western District Court on September 23, 201, and three years and six months of imprisonment with prison labor for the same crime at the Seoul Northern District Court on September 23, 201, and two years of imprisonment with prison labor for habitual larceny at the Seoul Central District Court on May 27, 2015, and completed the execution of the sentence at the former District Court on March 18, 2017.

[2] On March 28, 2017, at around 11:00 on March 28, 2017, the Defendant habitually committed a theft of the victim C’s bags located in the Korean university site located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the awareness of theft of the victim’s bags owned by the victim’s visitors, and by using the gaps in which the victim’s surveillance was neglected, resulting in the theft of the Plaintiff’s verification color proxle room equivalent to the total market value of KRW 1.3 million.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

112. A detailed statement of handling of reported cases, theft scene, and photographs of damaged articles;

1. Each investigation report (a photograph of damaged articles, a statement of damage and an expression of intent not to punish such articles);

1. Previous convictions: A written inquiry about criminal history, a criminal investigation report (former rulings, court rulings and criminal records for repeated crimes);

1. Habitualness of judgment: The application of the Acts and subordinate statutes recognizing dampness in light of the fact that the defendant committed the crime of this case, which is identical to that of this case, 10 days after he was released from criminal punishment for 13 times due to the larceny;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):

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