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(영문) 서울중앙지방법원 2013.07.04 2013고단2003
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On September 30, 2009, the Defendant was sentenced to imprisonment with prison labor for four months in the Seoul Southern District Court due to night building intrusion, larceny, etc., on May 18, 2012, two months in imprisonment with prison labor for night building intrusion, larceny, etc., and on June 15, 2012 at the Seoul Central District Court, the Defendant was sentenced to imprisonment with prison labor for eight months in the Seoul Central District Court due to night building intrusion, larceny, etc., and the execution of the final sentence was completed on November 26, 2012.

【Criminal Facts】

Defendant, habitually,

1. On April 9, 2013, around 24:00, at the “D” restaurant located in Jung-gu Seoul Metropolitan Government, opened a locked emergency door and intrudes into the inner part of the restaurant, and opened a safe installed therein, and opened a bank with approximately 40,000 won in cash owned by the victim E and one bankbook of the National Agricultural Cooperative Federation shall be stolen;

2. On April 10, 2013, around 02:05, at the “G” restaurant located in the Seoul Jung-gu Seoul Metropolitan Government F, the network was removed, opened a locked window and intruded inside it, and then, the victim H owned by the victim H was removed from the market value equivalent to 500,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Records of seizure and the list of seizure;

1. Photographs of CCTV screen;

1. A copy of a card or passbook;

1. Previous records: Criminal records, inquiry reports, reports on confirmation of release from prison, investigation reports (Attachment, etc. to larceny-related judgments);

1. Habituality of judgment: Application of statutes is recognized as dampness in light of the records of each crime, the number of crimes, the number of crimes, and the same kind of crimes committed several times in a short term;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the relevant criminal facts;

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

1. The reason for sentencing of Articles 53 and 55(1)3 of the Criminal Act (i.e., mitigation factors among the general prisons below) (i., mitigation factors) (i.e., the decision of types), and the reason for habitual larceny and repeated larceny (ii) (iii).

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