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(영문) 서울남부지방법원 2013.10.10 2013고단2917
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] On July 13, 2007, the Defendant was sentenced to one year and two months of imprisonment with prison labor for larceny, etc. at the Busan District Court on August 19, 2008, sentenced to ten months of imprisonment with prison labor at the Busan District Court on August 19, 2008, and on September 28, 201, the Seoul Southern District Court sentenced ten months of imprisonment with prison labor for larceny at the Seoul Southern District Court on April 19, 201 and completed the execution of the sentence.

【Criminal Facts】

On August 21, 2013, at around 03:08, the Defendant discovered that the victim C was under the influence of alcohol at the Guro-gu Seoul Metropolitan Government 4 Dong-ro 4, 145-15 New Korea Bank 365ccppon, and attempted to commit a crime, even though the victim got "to move to her own," and the victim was "to do so," and the Defendant did not go out on the wind.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and committed an attempted larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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