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(영문) 서울남부지방법원 2013.12.19 2013고합483
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 16, 1998, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul District Court, one year and six months, one year and one year, and one year and six months, and one year and six months, respectively, of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court Branch of the Seoul District Court on August 28, 2001.

After that, on September 17, 2008, the Seoul East Eastern District Court sentenced three years of imprisonment for the same crime, and completed the execution of the sentence in the Ansan Prison on July 22, 201.

Criminal facts

Around 04:41 on October 21, 2013, the Defendant habitually taken the victim D’s parking lot located in the Geumcheon-gu Seoul Metropolitan Government Office Officetel, and reported that the victim D was lockedly under the influence of alcohol, and that the victim was locked. The victim opened a bank in which the victim was locked, and cut off the victim’s cash amounting to KRW 90,000 in cash, KRW 90,000 in cash, KRW 50,000 in the victim’s possession, KRW 50,000 in cash, KRW 50,000 in cash, and KRW 50,000 in cash, KRW 50,000 in cash, KRW 30,000 in the victim’s driver’s license, KRW 30,00 in the form of Hyundai Card, and KRW 10,000 in the market name of the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Investigation report (Attachment of a receipt, CCTV confirmation, and the date and time of crime, and attachment of CCTV extract photographs);

1. Investigation record of seizure;

1. Previous records: A written inquiry inquiry report, such as criminal records, the number and confinement status of each individual, and each investigation report (a report on the results of confirmation before and after the disposition);

1. Habituality of the holding: Application of the damp-style statute in light of the records of each crime, the number of crimes, the number of crimes, and the same kind of crimes in the instant case committed several times within the short period after release;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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