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(영문) 서울서부지방법원 2017.08.11 2017고단1647
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on September 23, 2004, and was sentenced to one year and six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on September 13, 2006. On August 20, 2008, the Seoul Western District Court was sentenced to one year and six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on September 29, 2010.

On September 22, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Western District Court, and on January 26, 2017, the execution of the sentence was terminated.

【Criminal facts” around 02:00 on June 6, 2017, the Defendant discovered that the victim E was under the influence of alcohol and was able to sit in a chair while cutting down the wall and smartphone on the floor and cutting down it down to the bottom, while serving as “D” in the name of “D” on the 1st floor of the Mapo-gu Seoul Metropolitan Government building, which is the facility for free meals of the elderly who is located near the Seodaemun-gu Seoul Metropolitan Government Seodaemun-gu.

The Defendant stolen cash of KRW 100,000,000, which was owned by the victim, who was far away from the floor by making use of the gap where the victim was locked, with one cash card of the national bank, four cash card of the national bank, four copies, agricultural credit card of the agricultural bank, one wall containing one driver's license, and one cellphone of KRW 90,000,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (to hear statements from victims Eline);

1. Two copies of CCTV closure images and photographs;

1. Previous convictions in judgment: Application of inquiries, five copies of the judgment, one copy of the personal acceptance status, and one copy of the Acts and subordinate statutes;

1. The punishment should be imposed in consideration of the following circumstances under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, and the age, sex, environment, circumstances after crimes, etc. of the defendant.

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