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(영문) 서울북부지방법원 2014.08.28 2014고단2057
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 13, 2003, the Defendant was sentenced to imprisonment with prison labor for larceny at night, in the Seoul Northern District Court on April 13, 2006; imprisonment with prison labor for larceny at the Seoul Central District Court on April 13, 2006; imprisonment with prison labor for one year and six months; imprisonment with prison labor for larceny at the Suwon District Court on May 31, 2007 at the Seoul Northern District Court on June 27, 2012 at the Suwon District Court on June 27, 2012; imprisonment with prison labor for ten months at the Seoul Central District Court on September 25, 2013; and the execution of the sentence was completed in the Incheon Prison on May 6, 2014.

【Criminal Facts】

On June 25, 2014, at around 05:00, the Defendant cut off one part of the victim’s wall, which contains 250,000 won in cash and 1 US dollars in the shopping bags owned by the victim, which were located on the seat of the victim, in the following seat of the Defendant in Seongbuk-gu Seoul and the second floor D, and stolen this.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous records: He/she shall refer to inquiry reports and apply Acts and subordinate statutes to each investigation report (in addition to attached documents, such as a written judgment, and the number and confinement conditions of individuals);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., the damage was recovered due to temporary return to the injured party and the injured party has not been punished against the accused; and (ii) the circumstances include the fact that the crime is divided);

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