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(영문) 서울중앙지방법원 2018.05.24 2018고단2150
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 June 25, 2009, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for larceny, and on October 6, 201, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the same court on October 6, 201, and on November 4, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the same court on July 19, 201.

On April 1, 2018, the Defendant discovered that S9 cellular phone has been received from the victim’s gallon at the back side of the victim D, the market value of which is equivalent to KRW 900,000,00,000, from the road side near the Jung-gu Seoul Special Metropolitan City, Seoul, around 05:30 on April 1, 2018, and then taken off the aforementioned cell phone from the back side of the victim’s right side, using the gaps where the victim neglected to be locked due diligence.

L. A. L. theft was committed.

Accordingly, the defendant was sentenced to imprisonment more than three times due to special larceny, etc., and again stolen the victim's property during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to D or E;

1. Investigation report (related to the statement of the wooden strawer F);

1. Photographs of damaged articles;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (verification during the period of repeated crime), application of Acts and subordinate statutes to report on investigation (the previous convictions in the same offense);

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. Reasons for sentencing under Articles 53 and 55(1)3 ( considered favorable factors of sentencing among the grounds for sentencing as set forth below) of the Criminal Act to mitigated the amount of punishment [the scope of recommending punishment] [no person who does not have any person who is subject to special sentencing] in the basic area (one year and six months to three years] (one year to six years), under the Act on the Aggravated Punishment of Specific Crimes [a person who is subject to special sentencing] [a sentence] unfavorable: A normal situation in which the defendant committed a second offense during the period of a repeated offense even though he had eight criminal records, such as a crime entered in the criminal records as set forth in the judgment of the court, but is favorable to the second offense during the period of a repeated offense: A crime is committed only once, and the amount of

It is difficult to see, and the damaged articles.

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