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(영문) 서울남부지방법원 2017.04.18 2017고단651
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On July 31, 2008, the Defendant was sentenced to imprisonment with prison labor for one year and six months in Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and three years in imprisonment with prison labor for the same crime in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon on May 13, 2010, and three years and six months in imprisonment with prison labor for the same crime in the Sungnam branch of Suwon branch of Seoul branch of Nam branch of Seoul on July 14, 2016.

[2] On February 8, 2017, at around 08:00, the Defendant entered the “D” Ba in Guro-gu Seoul Metropolitan Government, and discovered the key of the clothes in which the victim E was able to enjoy from the floor of the inner corridor leading to the sobrying sobrying room from the space of the above Bana and the inside corridor, and then, using this key, deducted one of the two keys of the clothes in the above E’s laps as he thought to steal the above articles.

In other words, among the she was walked towards the clothes, she did not go to the wind of the above E, but did not go to the end.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Replication of on-site situations and photographs of damaged articles;

1. Previous conviction: (A) a response to inquiry about criminal history, reporting on investigation report (Attachment of a copy, etc. of the judgment), reporting on investigation report (Attachment of a copy, etc. of the judgment), inquiry of the case, copy of the judgment, and application of Acts and subordinate statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime committed;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] There is no basic area (two to four years) of the basic area (the general category of habitual and repeated larceny) (the special sentencing person) of the larceny sentencing criteria;

2. Determination of sentence: The two years of imprisonment with prison labor has been punished several times for the same crime, and the period of repeated crime has not yet passed since the defendant was released from prison, and the crime of this case is committed again.

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