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(영문) 서울중앙지방법원 2014.02.07 2013고단8085
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 September 15, 1999, the Defendant was sentenced to two years of suspended sentence of imprisonment for larceny, etc. at the Seoul Central District Court, one year and three months of imprisonment for larceny, etc. at the Seoul Central District Court on July 9, 2003; eight years of imprisonment for larceny, etc. at the Seoul District Court on July 15, 2003; two years of imprisonment for larceny, etc. at the Daejeon District Court on June 29, 2005; two million won of fine at the Seoul Central District Court on January 6, 2012; and five million won of fine at the Seoul Central District Court on January 31, 2013.

【Criminal Facts】

At around 11:00 on March 2, 2013, the Defendant, at the third floor library of D University in Gwanak-gu in Seoul Special Metropolitan City, stolen the victims’ property throughout 21 times in total, from that time until November 2013, by taking advantage of the gaps in which the victim E was a victim’s land at a locking place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each statement of I, J and K;

1. Statement of seizure of each police;

1. On-site and photographs of recovered articles, and photographs of damaged articles;

1. Previous convictions: Criminal records, copies of each written judgment, and copies of each summary order;

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 repeated several times in a short time;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [decision of a sentence] thief, habitual larceny, and Type 1 (general repeated offender] [the scope of sentencing] [the scope of sentencing] 2 years - 4 years (decision of a sentence of a punishment of a punishment of a punishment of a punishment of a punishment of a same kind] - Defendant has the record of having been punished several times for the same crime, and commits larceny over several times.

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