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(영문) 서울북부지방법원 2020.04.22 2020고단486
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On April 12, 2011, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Jung-gu District Court on September 9, 2015, two years of imprisonment for habitual special larceny, etc. at the Seoul Northern District Court on September 9, 2015, and two years of imprisonment for larceny, etc. at the Seoul Northern District Court on November 29, 2017, and completed the execution of the final sentence at the Daegu Prison on September 17, 2019.

【Criminal Facts】

On October 17, 2019, at around 23:07, the Defendant discovered the victim D, who was under the influence of alcohol in front of C in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and accessed the victim to steals the things owned by the victim, and then put the victim's hand into the victim's bridge, and stolen it by holding the victim's 10,000 won in cash, resident registration certificate, credit card, two pages, and one physical card, which are the market price of 70,000 won.

As a result, the defendant has been sentenced to imprisonment not less than three times due to larceny, but has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D (Simplified larceny);

1. On-site criminal records: Criminal records, investigation reports (the confirmation of repeated crimes, results of the search of prisoners, confirmation of habitual larceny records, judgment on related cases), and judgment on related cases, such as records of national newspapers and the receipt of civil petitions, CCTV images, etc. committed by the suspect, CCTV images, and CCTV images, etc. 1.

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of recommendations on the sentencing criteria [decision of types] thief crime: thief under the Specific Crimes Aggravated Punishment Act [Class 1] Joint habitual thief (special duf)] is not applicable (the scope of recommendations]. One year.

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