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(영문) 서울서부지방법원 2017.08.25 2017고단1859
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[2] On July 19, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes, and on November 27, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. on the Aggravated Punishment, and on March 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of four years at the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on December 8, 2015.

[2] On June 14, 2017, around 13:00 on June 14, 2017, the Defendant, at the victim D's house located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, had a total of KRW 31,300,000,000,000 in the market value of the victim's possession, which is located in the former head, in a way that the victim had been living together with the victim, and in a way that the victim had been living in the former head.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he stolen another's property within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the name of a model of the damaged product and confirmation of purchase price);

1. Seizure records and photographs;

1. Previous convictions in judgment: Application of the text of judgment, inquiry, and the current status of personal expropriations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness and the fact that damaged articles have been returned);

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