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(영문) 서울남부지방법원 2018.07.25 2018고단2627
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On June 3, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. in the Gwangju District Court’s Circuit Branch, and on March 20, 2014, the same court was sentenced to 1 year and six months of imprisonment with prison labor for larceny, etc. on December 9, 2015. On April 27, 2017, the Defendant was sentenced to 1 year and two months of imprisonment with prison labor for larceny, etc. in the same court, and completed the execution of the sentence in the Gwangju District Court on May 7, 2018.

[2] On May 20, 2018, the Defendant, on the third floor of “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, on May 20, 2018, stolen Samsung mobile phones worth KRW 700,000 at the market price, which is the victim’s possession of the victim E, whose head is in custody between the victim E and the victim. The Defendant was sentenced to imprisonment three times or more due to larceny, and subsequently stolen within three years after the execution of the sentence was completed.

Summary of Evidence

1. Partial statement of the defendant;

1. A E-document;

1. On-site CCTV photographs;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, results of search by prisoners, and application of statutes on larceny-related judgments;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Articles 329 and 331 of the Criminal Act (limited to a repeated crime as prescribed by Article 35(1) of the Criminal Act; however, in cases where the relevant Article of the Act is punished as a repeated crime, if the crime is punishable as a repeated crime, it is a provision that aggravated punishment shall not be aggravated separately);

As long as the defendant was released from the crime of this case even though he had been sentenced to larceny several times, the reason for sentencing has not been much long since the defendant was sentenced to larceny, the crime of this case is committed, the amount of damaged goods is not large, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant, shall be determined like the order.

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