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(영문) 서울북부지방법원 2014.01.28 2013고단3196
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 16, 2007, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny at the Seoul Northern District Court (Seoul Northern District Court). On November 19, 2008, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny at the Jeju Northern District Court (Seoul Northern District Court). On May 4, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for night building intrusion and larceny at the Seoul Northern District Court (Seoul Northern District Court). On June 5, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor at the Daejeon District Court for larceny and completed the execution of the sentence in the Daejeon Correctional District Court on December 1, 2013.

Criminal facts

On December 13, 2013, at around 16:30 on December 13, 2013, the Defendant cut off the cash amounting to KRW 73,000 owned by the victim within the plastic box under the studio, in E-mail operated by the victim D located in Dobong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Police seizure records;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

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

1. The sentencing reasons under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are against the defendant, and the victim is not willing to punish the defendant, considering the circumstances favorable to the defendant, such as the fact that the defendant has committed the crime of this case at least 12 days since the execution of the punishment was completed due to the same kind of crime, and considering the fact that the defendant committed the crime of this case on the 12th day after the execution of the punishment due to the same kind of crime, and the punishment shall be

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