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(영문) 서울중앙지방법원 2014.04.03 2014고단1109
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] The defendant was issued a summary order of 300,000 won by larceny at the Seoul Central District Court on June 2, 2005; on May 13, 2008, the same court issued a summary order of 300,000 won by the same crime; on June 11, 2009, the same court was sentenced to a suspended sentence of 10,000 won by imprisonment for the same crime; on November 19, 2009, the defendant was sentenced to a suspended sentence of 10,000 won by imprisonment for the same crime; on January 14, 2010, the same court was sentenced to a fine of 1 million won by the same crime; and on May 29, 2013, the larceny and eight crimes, such as the issuance of a summary order of 2 million won by the Seoul Northern District Court as a fine of 2 million won by the same crime.

At around 10:00 on November 26, 2013, the Defendant: (a) took the victim F’s 20km rice with the market price of KRW 45,000, which was 45,000 in front of the Seongbuk-gu Seoul Metropolitan Government, as his hand and stolen it; (b) cut off seven-time rice of the victim’s possession from around that time to February 10, 2014, as indicated in the attached list of crimes; and (c) attempted to steal the rice of the victim’s possession on the same seven occasions as indicated in the attached list of crimes; and (d) attempted to steal the rice of the victim’s possession by the same method around February 17, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Investigation report (report on the same kind of power, such as mobilephone images, photographs and videos);

1. Application of Acts and subordinate statutes to criminal records reports;

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. Article 53 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, motive for crime, the degree of damage, etc.);

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