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(영문) 서울중앙지방법원 2018.11.02 2018고합861
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On July 11, 2007, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Southern District Court; on September 3, 2009, the Defendant was sentenced to two years and six months of imprisonment for the same crime at the Seoul Central District Court; on November 12, 2012, the Seoul Western District Court sentenced three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court; on April 15, 2016, the Defendant was sentenced to three years of imprisonment for a habitual larceny at the same court on April 15, 2016; and on January 4, 2016, the Defendant terminated the execution of the sentence in prison on October 15, 2016.

[2] On May 12, 2018, around 11:32, 2018, the Defendant: (a) 11:32, 201; (b) 4 stable bags containing a total of KRW 500,000,00,000,000,000,000,000 won around 34 stories, which were located in Jung-gu Seoul, Jung-gu, Seoul.

As a result, the defendant was sentenced twice or more habitually due to habitual larceny, etc., and again stolen the victim's property within three years after the execution of the sentence is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. E statements;

1. Each internal investigation report (including attached data, such as on-site CCTV verification, tracking of the suspected person's moving path, and specifying the suspected person and his/her accomplice);

1. Previous convictions: A reply to inquiries, such as criminal history, and each investigation report (in addition to rulings related to the theft of cattle, and confirmation of the date of release) (including attached data);

1. Habituality of judgment: Application of statutes to which the habition of larceny is recognized in light of the records of crimes in the judgment, the method and frequency of crimes, etc.;

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;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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