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(영문) 서울남부지방법원 2018.07.17 2018고단473
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for a period of one year and four months;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

[criminal record] On April 17, 2007, the defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, which became final and conclusive on April 25, 2007, and the judgment became final and conclusive on July 11, 2008, when he was sentenced to ten months of imprisonment with prison labor by larceny, etc. at the Seoul Central District Court on July 11, 2008. On September 30, 2010, he was sentenced to one year of imprisonment with prison labor for larceny and one year of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on June 1, 2012, and completed the execution of the sentence from the Southern Southern District Court on July 10, 2015 to two years of imprisonment with prison labor for habitual larceny, etc. at the Southern District Court of Seoul Central District Court on February 2, 2016.

[Criminal facts] The Defendant is a space between the victim B and the Internet C-friendly club (D).

On January 9, 2017, at around 00:39, the Defendant, while drinking alcohol with the victim at the residence of the victim E-building in Guro-gu Seoul Metropolitan Government and F, had the victim under the influence of alcohol, put the victim’s cash 2,17,00 won in the market price of KRW 2,000,000,000, which was owned by the victim under the influence of alcohol, into the Defendant’s bank, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigative report (to hear statements from victims related to the amount of damage);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to suspect's repeated crimes and court rulings, etc. of the same kind of crime);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 35 of the Criminal Act concerning the crime committed;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (in consideration of the fact that the degree of damage is not heavy) of the mitigated amount;

1. Reasons for sentencing under Article 186 of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The scope of punishment recommended according to the sentencing guidelines [the type of larceny] shall be stolen under the Specific Crimes Aggravated Punishment Act.

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