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(영문) 서울중앙지방법원 2016.06.16 2016고합490
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On December 20, 2006, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and was sentenced to four years of imprisonment with prison labor for the same crime at the Seoul Central District Court on December 23, 2008.

On March 21, 2013, the Seoul Central District Court sentenced three years to imprisonment for the same crime, and completed the execution of the sentence in the net prison on February 6, 2016.

[2] On May 6, 2016, the Defendant: (a) committed a theft with the victim’s cash of KRW 4,10,00,00,00, KRW 50,000, KRW 2,000, KRW 50,000, KRW 50,000, KRW 50,000, KRW 50,000, KRW 50,000, KRW 50,000, KRW 50,000, and KRW 50,000,000, KRW 1,000,000,000, KRW 1,000,000,000, and 6,000,000,000,000, and 1,000,000,000,00,000, and 1,00,00

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the 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 C;

1. A protocol of seizure and a list of seizure;

1. Bags cut at the lower seat and CCTV video CDs in the event of a crime, after committing the crime of the victim;

1. A report on investigation (to hear statements from victims);

1. Previous records of judgment: Resident inquiry, investigation report (verification report of the period of repeated crime of the suspect), investigation report (report on the criminal records of the suspect, attachment of the same criminal records, and habitual confirmation);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime as indicated in the judgment and the fact that the same veterinary act repeatedly commits the crime of this case within the short period after release;

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 (amended by Presidential Decree No. 2010, Feb. 6, 2016) provides that a repeated crime shall be subject to aggravated punishment.

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