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(영문) 서울중앙지방법원 2018.10.25 2018고단2862
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Evidence No. 1 attached by the defendant shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On October 9, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny in the Seoul Central District Court for 2009; 8 months in the same court on May 30, 2012; 1 year and 2 months in the same court on June 4, 2015; on January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny in the Seoul Central District Court for 8 months; and on April 21, 2017, the Defendant completed the execution of the sentence in the Seoul Central District Court for 4 months in prison on January 10, 2018; and the judgment became final and conclusive on July 11, 2018.

[Criminal facts] Around January 14, 2018, at around 04:15, the Defendant was parked at a gender-based 43-ro 57-ro, Gangnam-gu, Gangnam-gu, Seoul, in the underground parking lot.

D3 Around 269,00 won, the victim E-owned market located within the ridge of the said vehicle was stolen by reporting that the door of the K3 vehicle is not corrected, opening the door, and opening the door, and putting the door into the ridge of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. An explanatory note (total list of seized articles);

1. On-site reports on results of field identification and replys to the results of the thieve gene appraisal;

1. Photographss of damaged articles, and gymmetric photographs abandoned to the scene;

1. Previous convictions: Application of the provisions of Acts and subordinate statutes, such as a written inquiry, a written investigation report (a repeated offense confirmation and attachment of the same record judgment), the personal confinement status, a copy of summary information and written judgment of each case, a copy of the judgment, and two copies and reference materials (a copy of the Seoul Eastern District Court 2017 order 3363, 2018 No. 108, and one copy of the search output of B of the case);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 5-4 (5) of the Criminal Act, the choice of imprisonment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include not only the history of punishment several times for the same crime, but also the same type of punishment.

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