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(영문) 서울동부지방법원 2015.06.12 2015재고합8
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than two years and eight months.

Reasons

Criminal facts

The defendant was sentenced to six months of imprisonment with prison labor for special larceny at the Seoul Central District Court on April 16, 1992; on December 2, 1992, the defendant was sentenced to six months of imprisonment with prison labor at the Seoul East East District Court on December 2, 1992; on December 20, 1995, sentenced to one year and six months of imprisonment with prison labor for the same crime at the same court on June 3, 197; on the same court on July 15, 1999, sentenced to one year and six months of imprisonment with prison labor for the same crime; on the same court on February 15, 201, sentenced to one year and six months of imprisonment with prison labor for the same crime at the Seoul Central District Court on June 25, 2004; and was sentenced to one year and six years of imprisonment with prison labor at the Seoul East District Court on August 25, 2006.

After that, on August 12, 2009, the Seoul Central District Court was sentenced to two years of imprisonment for the same crime, and the execution of the sentence was terminated on July 6, 201, and on March 22, 2013, the Seoul East East District Court received a summary order of KRW 1 million of a fine for larceny.

At around 11:05 on March 19, 2013, the Defendant habitually left the “G” operated by the Victim F in Seongdong-gu Seoul, Seongdong-gu, Seoul, and left the cash 145,000 won in which the victim was locked and stored in cash.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Photographss and field photographs of seized articles;

1. A report on investigation on March 19, 2013;

1. Records before and after judgment: Criminal records, etc. inquiry reports, reports on the results of confirmation of the previous records of dispositions and previous records of dispositions, nine copies of the judgment, personal identification and confinement status, and summary order;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing larceny shall be based on the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. From among repeated crimes, the execution of punishment on July 6, 201 under Article 35 of the Criminal Act is completed.

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