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(영문) 서울중앙지방법원 2017.02.17 2016고단8824
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

The Defendant, at the Daejeon District Court on March 3, 1987, sentenced ten months of the suspended sentence to larceny; six months of imprisonment to larceny at the Seoul Central District Court on September 7, 1994; ten months of imprisonment to the Seoul Central District Court on March 15, 200; one year and six months of imprisonment to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on November 22, 2001; two years of imprisonment to the crime of violation of the Act at the Busan District Court on March 24, 2009 at the Busan Central District Court on April 3, 2015; and terminated the execution of the sentence at the prison on February 15, 2016.

On October 2, 2016, around 14:3, 2016, the Defendant: (a) reported the victim C’s boarding on the platform No. 8 in Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, 102-ro 13, the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, about October 2, 201; and (b) reported the victim C’s boarding of the U.S. M. Domsan Dom

In other words, the victim's cash 2,007,00 won, and the market price is unknown from the victim's cellular phone, etc., and the following was cut off.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. Early investigation reports and investigation reports (to hear statements C by victims);

1. CCTV closure photographs;

1. Previous conviction: Application of each of the Acts and subordinate statutes of one copy of the judgment, inquiry into criminal history data, investigation report (the confirmation of the date of final release from office), and copy of the judgment;

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

1. Sentencing (Scope of recommended punishment) the basic area (two to four years) (two to four years) of the theft under the Specific Crimes Aggravated Punishment Act (general habitual theft and repeated theft)

2. The Defendant who was sentenced to sentence has already been convicted of the same crimes as each of the instant crimes.

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