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(영문) 광주지방법원 2018.12.14 2018고단3495
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 3, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of larceny in the Gwangju District Court on May 11, 2016, and the judgment became final and conclusive on May 11, 2016. On November 15, 2016, the same court was sentenced to two months of imprisonment with prison labor for larceny, etc. and the judgment became final and conclusive on November 16, 2016.

In addition, on November 3, 2017, the defendant was sentenced to six months of imprisonment with prison labor for larceny in the same court, and on May 1, 2018, the execution of the sentence was terminated.

On August 7, 2018, the Defendant: (a) placed in the “D” clothing shop operated by the injured party C on the third floor of the department store in Gwangju-dong-gu Seoul Special Metropolitan City, Gwangju-gu B department store; (b) placed in the shopping bags in which the employee’s surveillance was neglected; and (c) cut off the Defendant’s female-use pockets (a market price equivalent to KRW 515,000) which had been displayed at the store in advance.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor for larceny and again commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A photograph of the damaged article submitted by the victim to an investigator, such as a closure photograph, photograph, etc. (No. 4 times of evidence);

1. Each investigation report (to be accompanied by CCTV video data taken by a suspect for committing a crime, to be modified to one point in the clothes or diskettes for victims, and to seize damaged articles);

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiries, text of judgment, etc., current status of personal confinement, investigation report ( repeated crime, criminal records of the same kind, and report on the current status of personal confinement);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defense counsel regarding the claim for mitigation of mental and physical weakness under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, which committed a crime in the state of mental and physical weakness by triggering shock that could not suppress the Defendant’s escape from serious impulse that was caused by a serious impulse that was combined with the skin at the time of the instant case.

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