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(영문) 서울북부지방법원 2014.09.26 2014고합282
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on March 22, 1984, sentenced two years of imprisonment to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on January 31, 2002, sentenced the Seoul Western District Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated District on January 20, 2005.

On July 20, 2014, at around 08:30 on July 20, 2014, the Defendant: (a) discovered the key of the clothes in the victim E, leaving the key to the bend inside the entrance of the bend in Seongbuk-gu Seoul, and leaving the bend inside the bend inside the bend, and then stolen 140,000 won in cash on the bend in the bend in the victim’s wall located in the bend in that place.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Police seizure records;

1. Previous convictions in judgment: Criminal records and investigation reports (the previous record and confirmation of the defendant, and the period of repeated crimes of suspects);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act;

1. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

1. Discretionary mitigation: The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act; and the defendant in this case.

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