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(영문) 서울중앙지방법원 2017.09.21 2017고합854
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board on July 25, 2006, and was sentenced to one year and six months of imprisonment with prison labor for the same crime in the main branch of the Chuncheon District Court on July 7, 2009, and one year and six months of imprisonment with prison labor for the same crime in the support for the development of the Suwon Franchising Board on December 6, 201, and one year and six months of imprisonment with prison labor for the same crime at the Seoul Central District Court on June 26, 201, and completed the execution of the sentence on April 14, 2017.

[Criminal Facts]

1. On August 11, 2017, the Defendant: (a) committed a theft by taking one half of the Plaintiff’s possession of the said victim’s 69,000 won at the market price where the victim C had one film ticket equivalent to KRW 9,00,00 in cash, with the victim’s bench with the victim’s bench with the victim’s bench with the victim’s bench with the victim’s bench with the victim’s bench with the victim’s bench.

2. The Defendant, at around 12:00 on August 11, 2017, at the places indicated in paragraph 1, and at around 12:0, the victim D, who was seated in a passenger waiting room, do not have the body to go on the house, thereby doing so.

The defect caused the above victim's body intending to breathly with the word " 42,00 won in cash in the back of the victim's bals."

As a result, the Defendant was sentenced twice or more to the crimes or attempted crimes of Article 329 of the Criminal Act, and habitually stolen property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Police seizure records;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation report (report on the same type of force and report on the confirmation of the records of the crime subject to the constituent requirements);

1. Habituality of the judgment: A larceny is recognized in light of the records of each crime in the judgment, the method of crime, and the repeated crime committed within the period of repeated crimes, etc.

Application of Statutes

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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