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(영문) 수원지방법원 안양지원 2018.10.04 2018고단1104
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 1 through 4 shall be returned to the victim C.

Reasons

Punishment of the crime

[2] On May 14, 1996, the Defendant was sentenced to 10 months of imprisonment with prison labor for an attempted larceny, etc. at the Seoul Central District Court, on October 28, 1997, and was sentenced to 8 months of imprisonment with prison labor for larceny at the Seoul Northern District Court on August 30, 2001, and was sentenced to 6 months of imprisonment with prison labor for larceny at the Seoul Northern District Court on June 3, 2003, and was sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on October 26, 2004, and was sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on December 5, 2006, and completed 13 years of imprisonment with prison labor from the Seoul Northern District Court on August 26, 2015.

[2] Defendant 1 was sentenced to imprisonment not less than three times due to larceny, etc. on May 13, 2018; Defendant 20,000 won in cash, 3.8,00 won in cash, which is the victim's possession of the victim's main money, 4,00 won, 1, 2,000 won in cash card, 2,000 won in market value, including the victim's cresh in front of the Dong cemetery in Jongno-gu, Seoul around 15:38, May 13, 2018, and 359.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 333(1) of the Return Criminal Procedure Act (the defendant's defense counsel) provides that the defendant was in a state of mental and physical weakness at the time of committing the crime in this case.

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