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(영문) 서울남부지방법원 2018.12.13 2018고합446
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal history] On August 8, 2013, the Defendant was sentenced to eight months of imprisonment for special larceny at the Seoul Central District Court, and was sentenced to one year and six months of imprisonment for habitual larceny at the Incheon District Court on July 10, 2015. On May 19, 2017, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Incheon District Court’s subsidiary branch branch office, and completed the execution of the sentence at the Incheon Detention House on August 17, 2018.

[2] On September 7, 2018, around 16:54, the Defendant brought about the following differences: (a) around September 16:54, 2018, the Defendant: (b) took advantage of the following differences: (c) the victim C, who considers the head of Eart, located in the Guro-gu Seoul Metropolitan City New Hart, with approximately KRW 200,000 won in cash owned by the victim; (d) one cellular phone; and (e) one credit card card; and (e) the Defendant neglected to pay due attention to the

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by C and D;

1. - photographs of damaged articles, CCTV images, CDs;

1. Reports on internal investigation (victim C telephone conversations) and reports on internal investigation (person D telephone conversations);

1. Previous convictions: A reply to inquiry, such as criminal history, certificates of confinement (A), investigation reports (the method of criminal investigation of the suspect), investigation reports (Attachment of criminal records of the same kind of suspect and review reports on the applicable legal provisions);

1. Habitualness of the holding: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the method of committing crimes (referring to taking away things in which customers neglect to pay attention to goods held in shopping cararts), the frequency of crimes, and the circumstances of again committing the same crime within a short time after release;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (that there is a previous offense of habitual larceny in the judgment of the court);

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) are the accused.

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