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(영문) 서울중앙지방법원 2014.09.30 2014고단5106
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On November 29, 1975, the Defendant was sentenced to two years of imprisonment for habitual larceny at the Seoul District Court. On April 19, 2006, the Busan District Court sentenced one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on December 29, 2010, the Defendant was sentenced to one year and one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, and on September 16, 2011, the Defendant was sentenced to nine times of larceny, in addition to the completion of the sentence

At around 08:00 on July 26, 2013, the Defendant: (a) stolen the Defendant, using the so-called metrat fever (GTS125 EVO) that the Jongno-gu Seoul Jongno-ro 6 was parked on the front road of the Dongdaemun-gu Integrated Market D (D) by the victim C; and (b) stolen the Defendant from getting on and off the dong by getting on and off the dong, using the forcer (GTS125 EV) which was parked by the victim C; and (c) around November 21:50 on November 2, 2013, HE, the market price of which is equivalent to KRW 110,00,000 in front of the F cafeteria located in Jongno-gu Seoul Jongno-gu, Jongno-gu Seoul Metropolitan City E, using the said key.

Accordingly, the defendant habitually stolen Obama.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. G statements;

1. CCTV photographs attached to each investigation report dated August 7, 2013 and December 1, 2013;

1. Previous record: suspect interrogation protocol, criminal records, and investigation report of the accused (Attachment to the judgment related to the theft of a suspect);

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. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, comprehensively including the relevant Article of the Act on the Punishment, etc. of Specific Crimes and the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing [the scope of recommending punishment] of category 1 (general habitual and repeated crime larceny) (one year or more from 2 years of imprisonment to 4 years) of the Criminal Code for discretionary mitigation [the person who has been specially punished] of the basic area (the person who has been sentenced to imprisonment] of category 1 (general habitual and repeated crime larceny) of the Criminal Code.

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