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(영문) 서울중앙지방법원 2017.03.03 2016재고합74
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and nine months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on September 1, 2009, and was sentenced to eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on May 13, 201, and completed the execution of each of the above punishment on March 10, 201 after being sentenced to eight years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on November 22, 2006, two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court was sentenced to 11 times.

[Criminal facts]

1. On May 30, 2014, the Defendant committed the crime, around 10:00 on May 30, 2014, with one hedgephone equivalent to KRW 115,00 in the market price owned by the victim, which is the victim of Jongno-gu Seoul Metropolitan Government (E) by using the gaps of supervision of F, an employee, at the “E store” in Jongno-gu Seoul Metropolitan Government C.

2. On June 23, 2014, around 2014, at around 20:05 on June 23, 2014, the Defendant cut off the Defendant with one HBS-750 “HBS-750” phone in the market value equivalent to KRW 129,00,000, which is the victim’s ownership, suffering from the display stand in the manner prescribed in paragraph (1) in the store for the management of the Victim G Co., Ltd. located in Jongno-gu Seoul Metropolitan Government.

As a result, the Defendant habitually stolen the property amounting to KRW 423,000 through two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and F;

1. Place for display of damaged articles, photographs of the same product, CCTV photographs, and CCTV data;

1. On-the-spot report (CCTV verification);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report attached to judgments of the same kind of crime), personal identification and acceptance status;

1. Habituality of the holding: The method and frequency of each crime in the holding, and the reason why a person was released from prison even though he had been sentenced to several times for the same crime, and the fact that the person was again committing the crime in this case more than two months, shall be considered to have a habit of larceny.

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