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(영문) 서울중앙지방법원 2014.06.03 2014고합262
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 4, 1991, the Defendant was sentenced to one year of imprisonment with prison labor, two years of suspended sentence, two years of imprisonment with prison labor for special larceny at the Seoul Northern District Court on October 29, 1993, ten months of imprisonment with prison labor for a short term, one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon Southern District Court on February 25, 1995, and one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on April 3, 2001; two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on December 29, 2006; and completed the execution of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on February 19, 20101.

On January 29, 2014, around 00:54, the Defendant habitually committed “E” clothes and retail stores operated by the victim D with the victim D in Jung-gu Seoul, Jung-gu, Seoul, at around 00:54 on January 29, 2014, and attempted to steal the goods owned by the victim after putting the steel stack in hand and breaking into the store. However, the Defendant attempted to steal the goods owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Images of the CCTV on the site of the case, photographic and dynamic image data, and the entrance doors of the site of the case;

1. A written inquiry into criminal records, etc., and each investigation report (in inquiry into the judgment of the same thief power, and confirmation on the date of release from the court);

1. Habitualness of the judgment: Application of Acts and subordinate statutes to a larceny is recognized in light of the fact that the defendant had a criminal record as stated in the judgment, and the defendant has been sentenced to a punishment for the same kind of crime and has not yet passed since the execution of the punishment was completed;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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