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(영문) 서울중앙지방법원 2012.10.19 2012고합1102
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On December 12, 2005, the defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court on December 12, 2005 and "one year and six months" in the

On March 26, 2009, the Seoul High Court sentenced three years to imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on December 17, 201.

【Criminal Facts】

The defendants habitually committed the larceny as follows.

1. On July 30, 2012, around 12:30 on July 30, 2012, the Defendant: (a) cut off a fluorous bus on the number-free bus parked in the south line of the Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, Seoul, with a cresh that caused the fluorous victim to open his/her house to his/her own will; and (b) used a cresh that caused the collapse of surveillance by neglecting surveillance.

2. On August 5, 2012, at around 11:20 on August 5, 2012, the Defendant: (a) cut off a 150,00 won in cash, a victim’s resident registration certificate, and a single bank body card, using the gap in the C bus where the victim D was parked at the seat of a bus bus terminal in Seocho-gu Seoul, Seocho-gu, Seoul, by leaving the seat of the seat of the seat; and (b) leaving the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the seat of the passenger, the Defendant cut off the victim by taking advantage of the gap in the seat of the seat of

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. CCTV photographs;

1. Previous convictions: Criminal records, results of search by prisoners, and criminal investigation reports (Attachment of previous convictions and written judgments);

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

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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