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(영문) 서울서부지방법원 2017.11.23 2017고단2550
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On January 11, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and on October 23, 2008, the Seoul High Court was sentenced to three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and on September 23, 2013, the Defendant was sentenced to three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on September 23, 2013 and completed the execution of the sentence at the former Jeju Northern District Court on January 7, 2017, and on August 30, 2017, the above judgment became final and conclusive on September 6, 2017.

[2] On May 2, 2017, the Defendant: (a) at the swimming pool of the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government “D” located in Yongsan-gu, Yongsan-gu, the Defendant laid down the key of the victim E to the bed and brought up the rash key to the bed on the bed; (b) cut off the 100,000 won of the issuance of the national bank, the victim’s own 10,000 won of the 10,000 won of the 10,000 won in cash, and 8,30,000 won in cash.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Data on replies to national banks and new data on response to banks;

1. Report on internal investigation (hereinafter referred to as "D CCTV");

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and investigation report (the confirmation of the facts constituting latter concurrent crimes of Article 37);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 of the Criminal Act concerning criminal facts and Articles 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount constitutes a repeated crime, and the defendant is the defendant.

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