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(영문) 서울서부지방법원 2018.07.18 2018고합113
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

One (No. 1), a mother and child (top. 2), a liter (top. 2), and a liter (top. 2), which have been seized.

Reasons

Punishment of the crime

[criminal history] On July 1, 2009, the Defendant was sentenced to three years of imprisonment by the Seoul Northern District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On January 23, 2014, the Seoul Western District Court sentenced the Defendant to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the final sentence on November 5, 2017.

[2] On April 18, 2018, at around 12:00, the Defendant was in Jongno-gu Seoul, Jongno-gu, Seoul. Around April 18, 2018, the Defendant: (a) cut off the victim’s cash 200,000 won in the victim’s possession; (b) cut off the victim’s cash 104 where the victim D resides; and (c) carried three and two gold balls equivalent to a total of 8,80,000 won in the market price; and (d) cut off 15 times in total from April 18, 2018 to April 27, 2018.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen or attempted the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol on E, F, G, D, H, I, J, K, L, M, or N;

1. Each statement ofO and P;

1. Seizure records;

1. On-site photographs (related Nos. 2, 37, 49), photographs, photographs, etc., photographs, on-site photographs of theft cases;

1. Investigation report (Investigation into victim Qua telephone communications);

1. Previous convictions in judgment: A response to inquiries, such as criminal history, two copies of the judgment and the current status of personal expropriation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act with respect to the crime (including cases) under the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes (execution of punishment on November 5, 2017)

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