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(영문) 서울북부지방법원 2020.01.17 2019고합393
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On October 30, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for habitual larceny at the Seoul Central District Court on April 6, 2017, and was sentenced to 10 months of imprisonment with prison labor for habitual larceny at the Seoul East District Court on April 6, 2017, and on December 22, 2017, the same court was sentenced to 2 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul East District Court on October 22, 2019.

【Criminal Facts of Crimes” around October 29, 2019, around 20:05, the Defendant: (a) placed 2,39,900 won of the market price of the injured party C, which was displayed at a liquor store, at the top bars store operated by the victim C in Jung-gu Seoul Metropolitan Government, Seoul, as indicated in the list of crimes; (b) placed 2,39,90 won of the market price of the injured party’s possession in the main store; and (c) placed 2,754,80 won of the market price in the same manner three times from around that time to November 1, 2019; and (d) cut off 12 diseases of the total market price of KRW 2,754,800 of the market price by the same method.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Data on confirmation of the price of stolen goods, photographs of criminal implements, and photographs of stolen goods;

1. Investigation report (Securing and analyzingCCTV);

1. CCTV-cap photographs and CCTV CDs;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (attached to judgments, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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 among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to twenty-five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision on the types of punishment]. The theft under the Specific Crimes Aggravated Punishment Act [Type 2] shall be habitually stolen (special person].

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