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(영문) 서울중앙지방법원 2014.11.05 2014고단7218
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On January 25, 1994, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and two years in the same court on August 7, 1997 at the Seoul Central District Court for the same crime. On July 14, 201, the Incheon District Court sentenced a fine of one million won for larceny, etc. at the same court on July 11, 201, a fine of one million won for larceny, the same court on July 16, 2013, which was sentenced to a fine of one million won in the same court on the same crime, and two million won in the same court on August 16, 2013, and completed the execution of the sentence on October 21, 2014.

【Criminal Facts】

On September 24, 2014, at around 22:05, the Defendant moved to the right side of the victim D in the Incheon East subway No. 1 Line, which was operating between the East Mancheon Station and Incheon Mando basin, and left hand, taken off one of the 10,000 won of cash owned by the victim, 4, 1,000 won, 1,000 won, 4, 1,000 won, 1,000 won, our bankBC card, 1,000 won, and 1,000 won of market price in each part of the Korean corporate card.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D and E;

1. Each protocol of seizure;

1. Previous convictions: Inquiry into criminal and investigation records materials, previous dispositions and reports on results of confirmation, relevant written judgments, and inquiry into prison information;

1. Habituality: 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 crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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