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(영문) 서울중앙지방법원 2017.11.15 2017고합973
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On April 11, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 11, 2001; on April 29, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 2004; on June 28, 2006, three years and six months; on January 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on January 20, 201; and on January 20, 2016, the execution of the sentence was terminated by a juvenile prison on August 9, 2017.

[2] On August 22, 2017, the Defendant: (a) opened a coffee operated by the victim D in Jung-gu Seoul Metropolitan Government on August 22, 2017, and intruded into it; and (b) opened the payment period for the transfer of the gold in the Kacter, the Defendant stolen the cash amount of KRW 571,50,000, which is owned by the victim.

In addition, the Defendant from around August 14, 2017 to this point.

9. Until May 1, 200, a total of 2,471,50 won of the market price owned by the victims was stolen on six occasions, such as the list of crimes in the annexed sheet.

As a result, the Defendant was sentenced more than two times due to larceny, etc., and again stolen another person's property over six times within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each report on the occurrence of a theft, each report on internal investigation and investigation reports, reports on the results of field identification, each photograph, and each CCTV photograph;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, current status of personal expropriation, sentence of judgment, and investigation report (a majority of the same kind, and a crime committed during the same repeated crime period);

1. Habituality of the judgment: The commission of dampness is recognized in light of the records of each crime in the judgment, the method of crime, the frequency of crimes, and the fact that the same kind of crime has been repeatedly committed within the short period after release.

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