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Reasons
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(영문) 서울서부지방법원 2017.03.22 2017고합18
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than three years and six months.

A seized rum-rating rope (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to imprisonment with prison labor for 300,000 won for larceny on April 6, 2001, 2.8 years of the suspended sentence for larceny on December 2, 2004, 1 year and 6 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on September 26, 2006, and 2 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on November 20, 209, and 3 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on May 9, 2013, and the execution of the last sentence was terminated on March 18, 2016.

[2] On July 14, 2016, at around 01:00, the Defendant: (a) committed a theft of one cash, etc. equivalent to KRW 1,500,000, market price of KRW 10,000, and one hand, etc. owned by the victim E, which had been in the bank, by opening the office through the entrance of the above D office without locking the Defendant at the office; (b) and (c) from around that time until January 4, 2017, the Defendant habitually committed a theft of 19,552,50 won in total, including cash and property owned by the victims, or attempted to steal 30 times in total, as indicated in the list of crimes, from around January 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, G, H, I, J, K, L, M, N, P, Q, R, S, T, V, V, X, Z, AA, and AB;

1. AC, AD, AE, and AF written statements;

1. A report on occurrence (special larceny No. 96);

1. Each protocol of seizure and the list of seizure;

1. Investigation report (related to victim AG statement), investigation report (related to suspect AH CCTV tracking investigation), investigation report (specific suspect);

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (verification of the period of repeated offense);

1. Habituality: The application of the Act on the Aggravated Punishment, etc. of Specific Crimes is recognized in light of the fact that a person repeatedly commits each of the larceny crimes of the same kind after being released from prison, which has been punished several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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