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(영문) 서울북부지방법원 2014.10.16 2014고단2941
특정범죄가중처벌등에관한법률위반(절도)
Text

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

The seized No. 1 (1 tension) and No. 7 (1 Malosolar) are as follows.

Reasons

Punishment of the crime

On June 8, 2004, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court; on April 9, 2003, the Defendant was sentenced to six months of imprisonment for a crime of larceny at Seoul District Court; on December 18, 2001, the Seoul District Court was sentenced to six months of imprisonment for night intrusion upon residence, larceny, etc.; on August 23, 2001, the Defendant was sentenced to one year of suspension of six months of imprisonment for a crime of larceny, etc. on August 13, 2001; on the same court on June 13, 2001, the Defendant was sentenced to a fine not exceeding five hundred thousand won for a crime of larceny; on October 19, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Central District Court as a general fire-fighting institution on January 14, 2014.

1. On August 1, 2014, around 04:30, the Defendant: (a) moved to the Pyeongtaek-si culture of Bupyeong-gu, Gyeonggi-do, in a 13-42 family bicycle storage zone; (b) the market price at which the victim’s name is unknown is unknown; (c) led one Lespo bicycle.

2. On August 29, 2014, at around 04:00, the Defendant: (a) placed the marb in front of the “Dma” set up in Dongdaemun-gu Seoul, Dongdaemun-gu; (b) removed the marb in front of the locker gap of the coffee set up by the victim E; and (c) removed the marb in several instances; (d) opened the marb in several instances between the two locker key and the sarbing key; and (e) removed the marbing key; and (e) cut up the cash amounting to KRW 84,700 on the part of the victim.

Accordingly, the Defendant habitually stolen the victims' objects two times.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Protocols of seizure, list of seized articles and photographs thereof;

1. Records before ruling: Criminal records and other inquiries, and the police interrogation protocol of the accused;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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