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(영문) 서울중앙지방법원 2014.05.16 2014고합290
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On March 23, 2000, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and on December 7, 2001, at the same court on December 2, 2001, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

1. On February 12, 2014, the Defendant: (a) around 01:00, at the “D” clothing store of the first floor of the Seoul Central-gu Seoul Central District Office C building No. 70, the victim E, who operates the said store, put 30,000 won in cash on the victim’s house, which was on the table table, into the inside machine on the house, and went.

2. On February 25, 2014, around 01:00, the Defendant: (a) placed in the “G” clothing store on the first floor of the Seoul Jung-gu Seoul Jung-gu F commercial building 2; (b) placed 70,000 won in cash on the victim’s wall that was on the table 70,000 won in cash on the table.

As a result, the defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and habitually stolen another's property within three years after the execution is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. CCTV closure photographs;

1. An investigation report (No. 10 of the evidence list);

1. Previous convictions indicated in judgment: Criminal history records, etc., written inquiry report (A), each investigation report (Evidence List Nos. 8, 11), and current status of personal identification and confinement;

1. Habituality of the judgment: In light of the criminal records of the defendant including the previous conviction in the judgment, the fact that the defendant repeatedly committed the same kind of crime within a short time after release, and the similarity of the criminal law, the law that recognizes the habition of larceny applies.

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