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(영문) 서울남부지방법원 2017.09.21 2017고단3816
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

A Spain (No. 1), a Spainer (No. 2), and a Spainer (No. 2);

Reasons

Punishment of the crime

On August 12, 2009, the Defendant was sentenced to imprisonment with prison labor for special larceny by the Incheon District Court on September 17, 2010, and three years from the Incheon District Court on September 17, 2010. On January 9, 2015, the Incheon District Court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on March 20, 2017.

On May 16, 2017, around 04:26, the Defendant: (a) opened a correction device of the victim D’s “E” entrance in the Guro-gu Seoul Metropolitan Government office; (b) intruded into the office, and stolen three beverages with a total of KRW 5,000 at the market price owned by the victim, which was located in the air conditioners of the office; and (c) thereafter, stolen money and valuables worth KRW 220,000 in total three times by the following methods until July 25, 2017, as indicated in the list of crimes, from the time to July 24, 2017.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, D, and H;

1. Each protocol of seizure;

1. Evidentiary photographs, CCTV screen pictures, and seized articles;

1. A photograph of “I” to capture external CCTVs, a photograph of “J CCTV-cap,” and a CCTV image CD;

1. Previous convictions: Application of Acts and subordinate statutes reporting each judgment, current status of personal confinement, previous convictions of disposition and results of confirmation;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act, Article 35 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Type 1 (joint habitual theft and repeated theft) in the Specific Crimes Aggravated Punishment Act on the scope of the recommended punishment: None of the basic areas (one year to six years) (one year to three years);

2. The defendant's decision on the sentence has reached this Court and expressed his intention to make a confession of crime and to reflect against himself, and the mental disability of Grade 3.

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