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(영문) 서울서부지방법원 2014.01.22 2013고단3280
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 26, 199, the Defendant was sentenced to a suspended sentence of 2 years from the imprisonment with prison labor for larceny, etc. at the Incheon District Court Branch Branch of the Incheon Northern District Court on October 26, 199; 2 years from the suspended sentence of 8 months from the imprisonment with prison labor at the Seoul Northern District Court on December 15, 2004; 2 million won from the Incheon District Court Branch of the Incheon District Court on September 4, 2009 to a fine of 2 million won from the imprisonment with prison labor for larceny; on February 13, 2013, the Defendant was sentenced to a suspended sentence of 2 years from the imprisonment with prison labor for 6 months from the Seoul Northern District Court on June 20 of the same month.

【Criminal Facts】

1. Around 05:00 on October 25, 2013, the Defendant committed the crime of October 25, 2013, at the entrance of the first floor of the water surface room located in Seodaemun-gu Seoul Seomun-gu Seoul, the Defendant stolen one set of gallon-2 smartphone in an amount equivalent to 990,00 won at the market price owned by the victim, where the victim E was placed adjacent to the other.

2. On November 15, 2013, the Defendant, at around 11:30 on November 15, 2013, stolen one set of gallon 2 smartphones equivalent to 990,000 won in the market price owned by the victim, which was located adjacent to the sallon 2nd floor of the soup bank.

3. On November 21, 2013, the Defendant committed the crime of November 21, 2013, at around 06:04, on the third floor of the soup bank around November 21, 2013, brought a theft by bringing one LG G2 smartphone in an amount equivalent to 550,000 won at the market price owned by the victim, where the victim G was temporarily locked.

Accordingly, the Defendant habitually stolen property on three occasions as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, F, and E;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, etc. and inquiry reports and investigation reports (attached to a written judgment);

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

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act by combining the relevant provisions on the crime.

1. Discretionary mitigation Criminal Act;

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