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(영문) 서울동부지방법원 2013.06.19 2013고단988
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 7, 2011, the Defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court for the crime of intrusion on a structure, and completed the execution of the sentence to the Seoul Southern Prison on July 9, 2012. In addition, on October 10, 2002, the Defendant was sentenced to imprisonment with prison labor for one year and six months, on April 23, 2008 at the Incheon District Court for the crime of larceny, etc., and eight months of imprisonment with prison labor for the crime of larceny, etc. at the Incheon District Court on May 20, 2009.

1. On February 21, 2013, at around 08:45, the Defendant: (a) committed theft with the cash 400,000 won owned by the victim, which was kept in the credit cooperative for calculation, and was in the possession of the victim’s cash, which was kept in the bank for calculation, by putting up the main points of the “E” in the operation of the victim D(E) located in the second floor in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the cresh of the victim’s

2. On April 14, 2013, around 08:37, the Defendant invaded by the aforementioned method at the above main point and stolen the said victim’s cash amounting to KRW 100,000, which was kept in the imprisonment without prison labor within the above main point.

As above, the Defendant habitually stolen KRW 500,000 in total, which is owned by the victim, on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. Previous records of judgment: Criminal records, etc., inquiry reports and investigation reports (written reports on the previous records, the facts, and the current status of identification);

1. Habitualness: A person who had been punished several times for the larceny under several Acts and subordinate statutes as stated in the judgment, and in light of the fact that the crime of this case is also a larceny under the same Acts and subordinate statutes, it is recognized as a habit of larceny. Application of Acts and subordinate statutes shall apply;

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

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant was punished for the same type of crime.

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