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(영문) 서울중앙지방법원 2016.11.02 2016고단6247
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On September 24, 1998, the defendant was sentenced to six months of imprisonment with prison labor for special robbery at the Seoul District Court, six months of November 16, 1999; imprisonment with prison labor for larceny; imprisonment with prison labor for 200,000 won; imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; imprisonment with prison labor for 1 year and six months; on May 20, 2003, with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court; five years of imprisonment with prison labor for special robbery at the Seoul Western District Court on December 16, 2004; imprisonment with prison labor for 3 years from the Seoul District Court on June 4, 2010; and imprisonment with prison labor for 20 years from the Seoul District Court on April 30, 2013; and imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central Correctional District Court on March 26.

【Criminal Facts】

On August 1, 2016, at around 02:58, the Defendant came into a coffee shop, “E” operated by the victim D, in Jongno-gu Seoul Metropolitan Government, and attempted to steal cash, etc. stored in a small credit cooperative located in the catter through the front door door glass, but failed to carry out such intent, and failed to carry out such act.

As a result, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, was sentenced to imprisonment without prison labor or heavier punishment, and attempted to steals another’s property by rupture into a structure within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (reports on confirmation of the same kind of suspect records), and application of Acts and subordinate statutes concerning the personal confinement status;

1. Relevant provisions concerning facts constituting an offense;

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