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(영문) 서울서부지방법원 2014.04.30 2014고단420
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 6, 2008, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Southern District Court on May 6, 2008. On November 8, 2012, the Seoul Central District Court sentenced a fine of five million won for larceny, and the same criminal records are more than eight times.

1. On February 21, 2014, the Defendant: (a) around 14:50 on February 21, 2014, 2014, the Defendant: (b) around 35 Seocho-ro 35 Western University was fluored as having a fluor of the mixed State C, the victim of which was the victim, prior to the collection stand for the 1st floor of the 1st floor Scam Scam Sc.; and (c) was fluored with a stable bag containing KRW 50,00 in cash from Had, and she

2. The Defendant, at the same time and at the same place, 50,000 won, brought up 50,000 won of livestock bags from F, G, H, I, and J with the request of the T, was able to do so as one of the multiple-parents to enter the name in the register of the visitors in the receipt box, and 6 a stable bag. 40,000,000,000 won of garbage bags were 50,000 won, and 40,000,0000,000 won, and 2 other empty garbage bags were tried to take place together with other empty garbage bags. However, the Defendant failed to commit the crime against E and attempted to take place.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of witness E or K;

1. Photographs of damaged articles;

1. Previous records: Criminal records and investigation reports (Attachment to a copy of a written judgment related to a suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of number of crimes, frequency of crimes, and the fact that the same kind of crime has been systematically repeated;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning the crime;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the elderly and the victim's damage is minor) are as follows, and the age, character and conduct, environment, etc. of the defendant are as follows.

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