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(영문) 서울중앙지방법원 2020.09.18 2020고단4696
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 27, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court for larceny; on December 12, 2013, the Seoul Eastern District Court sentenced ten months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on March 8, 2018, the Incheon District Court sentenced one year of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence in the main prison on October 12, 2018.

【Criminal Facts】

On February 13, 2020, at around 06:30, the Defendant carried out one cell phone of the victim’s own 850,000 U.S. market price on the side of the victim, who was sitting in the seat of the ambling B-dong train in the U.S., Jungcheon-gu, Incheon, Jungcheon-ro, Incheon. (S.)

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and theft was committed within the repeated crime period.

Summary of Evidence

1. Details of the use of each police card by the defendant's written statement C in his court statement, the criminal report and the report on the occurrence of the crime;

1. Each internal investigation report and investigation report;

1. Previous records: Application of the Acts and subordinate statutes to the records of inquiry, each investigation report (verification of attachment of previous records and a copy of the judgment, and the date of final release from the court), each case search and output, and personal confinement status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act among aggravation of repeated crimes, Article 35 of the Criminal Act concerning criminal facts;

1. The scope of recommending punishment according to the sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act)

The crime of this case has been committed, and the law, circumstances, and the contents of the same records are examined.

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