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(영문) 서울남부지방법원 2015.01.08 2014고합394
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal power] On June 2, 2004, the Defendant was sentenced to imprisonment for a special larceny, etc. at the Seoul Southern District Court on April 15, 2005, and four months from imprisonment for a special larceny crime; on August 31, 2005, the Seoul Southern District Court sentenced to imprisonment for a crime of larceny at night; on March 22, 2006, ten months from imprisonment for a crime of larceny, etc. at the same court; on September 5, 2007, two years from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on August 12, 2009, one year and six months from imprisonment for a crime of larceny; on May 19, 201, the Seoul Southern District Court sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on February 15, 2014 and completed the execution of the sentence.

【Criminal Facts】

On June 20, 2014, around 01:30 on June 20, 2014, the Defendant intruded the victim E’s “F” from the “F” for the operation of the D market located in Yeongdeungpo-gu Seoul Metropolitan City, by walking the door above the entrance, and then stolen KRW 50,000 of the cash owned by the said victim, which is contained in the tebbb, the entrance.

In addition, from March 9, 2014 to June 20, 2014, the Defendant had been sentenced two or more times to a total of KRW 1,133,00 by the same method, as indicated in the attached Table of Crimes, and had attempted to habitually steals or steals any property equivalent to a total of KRW 1,133,00,00, and had been sentenced two or more times as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crime within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, E, H, I, and J;

1. Some of the K's statements;

1. Each CCTV photograph;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and investigation reports (applicable to Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Habituality of judgment: it shall be damp in light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the same kind of crimes committed several times;

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