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(영문) 서울중앙지방법원 2015.01.28 2014고단9405
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 October 10, 1961, the Defendant was sentenced to imprisonment with prison labor for larceny for a maximum of one year and eight short-term months at the Seoul Central District Court. On August 31, 199, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 31, 199, and was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on July 27, 2006.

From May 2014, the Defendant, along with theO (one name “P”), conspiredd to sell the goods at subway and divide the stolen goods.

At around 16:08 on November 21, 2014, the Defendant andO discovered the fact that there is a spread of the handbag in which the victim Q Q being waiting for the iron is opened, and take passengers following the victim's riding in the front metal. On the back of the line attached to the victim's side, the Defendant laid off the wall containing 300,000 won in cash of the victim's possession by inserting the left hand in the handbag of the victim's handbag, and the O set the front line back around the victim's side to prevent the occurrence of the Defendant's crime.

Accordingly, the defendant habitually stolen the victim's property together with theO.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of Q;

1. Investigation report (CCTV verification investigation);

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to attached records of the same kind of judgment);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the similarity, etc. between the power of each crime and the method of crime;

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 331 (2) of the Criminal Act on the Punishment, etc. of Specific Crimes.

1. The crime of habitual larceny in this case committed several times, despite the record of punishment for the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act, is committed.

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