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(영문) 서울중앙지방법원 2012.11.09 2012고합782
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years, respectively, to the Seoul Central District Court, on March 30, 2005, to imprisonment with prison labor for six months with prison labor for larceny, etc.; imprisonment with prison labor for special larceny and larceny on September 15, 2005; imprisonment with prison labor for six months; and imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on November 21, 2006.

In addition, on June 4, 2009, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution of the sentence was terminated on November 7, 2010. On August 18, 2011, the Seoul Eastern District Court sentenced the Defendant to one year of imprisonment for larceny and completed the execution of the sentence on March 11, 2012.

【Criminal Facts】

Around 02:00 on April 14, 2012, at the convenience point of the victim C’s operation located in Namwon-si, Namwon-si, Namwon-si, the Defendant stolen the victim’s crepans by holding the victim’s crepans amounting to KRW 9,00,000, KRW 7,500, KRW 10,000, KRW 10,000, and KRW 350,000, in cash located within the cash room.

In addition, at around 02:30 on June 6, 2012, the Defendant: (a) discovered that the victim F was drunkly drunk; (b) discovered that the victim F was a person; and (c) stolen 50,000 won notes issued by the Korean restaurant G, which was located in the victim’s bank; and (d) 30,000 won notes, gift certificates, and 10% discount coupons, respectively.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared in C;

1. The victim bank and the photograph of damaged merchandise coupon (No. 3 No. 5 of the evidence list), investigation report (related to the content of the CCTV screen, etc.);

1. Records before and after judgments: Criminal records, etc.; a copy of each written judgment (No. 8) and current status of personal identification and confinement (No. 10 No. 10);

1. Habituality of the judgment: The punishment imposed for each crime and the same kind of crime in the judgment has been completed;

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