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(영문) 서울서부지방법원 2012.11.07 2012고단2093
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On April 20, 2010, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on April 20, 201, and completed the execution of the sentence on January 12, 201.

At around 13:00 on September 26, 2012, the Defendant: (a) opened and opened e-loan A 102 residing by the victim D in Gwanak-gu in Seoul Special Metropolitan City; (b) opened and opened a house with a e-loan window in which the victim D is located; (c) opened one LG X-note North Korea, the market price of which is equivalent to KRW 550,000, the market price of which is equivalent to KRW 80,000, in the market price of the victim D owned by the victim D; and (d) kept one e-mail in the cremation, and kept one e-mail equivalent to KRW 400,000,000, in which the market price of the victim owned by the Seoul Special Metropolitan City City is equivalent to KRW 10,000,000; and (e) kept one son, 100,000,000,000,000 market price of the e-mail.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each protocol of seizure;

1. A report on investigation (a report on confirmation of damaged goods);

1. Previous convictions in judgment: Criminal records and investigation reports (a report on the results of confirmation before and after disposition, confirmation of the date of release, and a report accompanied by a copy of the judgment);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc.;

1. Article 5-4 (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 Article 329 of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the penology, the circumstances leading to the instant crime, the circumstances leading to the instant crime, the injury was relatively minor, and most damaged articles were seized and recovered from damage);

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