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(영문) 서울남부지방법원 2016.08.12 2016고단2015
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

On September 25, 2008, the Defendant was sentenced to imprisonment with prison labor for two years with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and on May 11, 2009, for one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and on June 21, 2013, on June 21, 2013, the Seoul Southern District Court sentenced 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 Southern District Court, and completed the execution of the said punishment on May 13, 2015.

(Criminal facts) around 02:00 on April 20, 2016, the Defendant stolen, with a total of KRW 300,000,000, by impairing the structure managed by the victims at night over six times in total, as shown in the list of crimes in attached Form E, by inserting hand in the window creh of windows, intrusioning the locking device into the door, and then cutting off the cash owned by the victim E, who was in the first Western of the head of the Gu in the frontwest of the entrance.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, stolen another’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A written statement of F, E, and G;

1. Images from CCTV images;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (reports, such as repeated crimes and binding of criminal suspects' records of the same kind);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 30 years; and

2. The scope of recommended sentences according to the sentencing criteria (the type of each crime and the sentencing factor shall be the person.

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