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(영문) 서울중앙지방법원 2016.05.27 2016재고합30
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a period of three years and ten months.

Reasons

Punishment of the crime

[criminal record] On November 23, 1994, the defendant was sentenced to imprisonment with prison labor for a short term of ten months, a long term of one year, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 23, 1994; imprisonment with prison labor for the same crime at the same court on May 22, 1998; imprisonment with prison labor for one year and six months; imprisonment with prison labor for the same crime at the same court on November 27, 2001; imprisonment with prison labor for the same crime at the same court on July 29, 2004; on July 5, 2007, the Busan High Court sentenced three years to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court on November 27, 2009; and completed the execution of the sentence from Busan District Court on November 27, 2009.

[Criminal facts]

1. The Defendant habitually stolen the victims’ property at habitual times as follows.

A. On June 22, 2012, from around 23:00 to 23:25, the Defendant: (a) reported on the fact that the victim C was divingd within the front-time vehicle operating from the flow station of the line of Seoul subway No. 3 to the station of the village market; and (b) on the part of the Defendant, the Defendant left the part of the victim’s body on his back to the victim’s left side so that he does not see any other person; and (c) 50,000 won in cash, national card, new card, the Eastern physical card, driving license, etc., in which it is impossible to identify the market price on the part of the victim’s body; and (d) 30,000 won in cash, national card, new card, the Eastern physical card, driving license, etc.

They go back.

B. On June 22, 2012, from around 23:35 to 23:40, the Defendant collected the national card in the name of C, which was stolen, as described in paragraph (a), from the first floor of the fire-fighting center 98-3, Songpa-gu, Songpa-gu, Seoul, to the cash withdrawal period (A-32) managed by the National Bank of the Victims, Co., Ltd. located at that location, as indicated in paragraph (a), and entered the withdrawn amount and password in one time, and then KRW 2,00,000,000 per one time.

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