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(영문) 서울중앙지방법원 2014.05.01 2014고단395
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On February 27, 2007, the Defendant was sentenced to 6 months of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Seoul Central District Court on September 17, 2010, sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the same court on September 17, 2010, and on May 10, 2013, the Defendant was sentenced to 1 year of imprisonment with prison labor for larceny, etc. at the same court on May 10, 201

【Criminal Facts】

At around 05:00 on January 14, 2014, the Defendant: (a) stolen a victim’s cell phone with a 980,000 won or more than 9.80,00 won of the market price owned by the victim E in charge of the head of the victim E, who was divingd in the wall of “D” or the water surface room under the Gangnam-gu Seoul Metropolitan Government Building C.

From 06:00 to 06:00 on the same day, the Defendant stolen four mobile phones of an amount equivalent to 3.160,000 won at the market price owned by the victims, who were born at the above saves or saves, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of E, G, H, and I;

1. CCTV caps and damaged photographs;

1. A investigation report (report on confirmation of purchase price of a mobile phone for damage);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (the previous convictions of suspects, court rulings, and personal identification and confinement status);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment for larceny against the victim H, the largest number of offenses), among concurrent crimes;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [decision of types] of types 1 (general and repeated crime thief) (special and repeated crime thief) (special) mitigated element: mitigated element of punishment (decision of recommending area] mitigated area (decision of recommending area] mitigated area (decision of recommending area), imprisonment of one year and six months (decision of recommending punishment) or imprisonment of three years (decision of sentencing).

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