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(영문) 수원지방법원 안산지원 2016.01.29 2015고합253
특정범죄가중처벌등에관한법률위반(절도)
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1. The defendant shall be punished by imprisonment for three years;

2. One (Evidence No. 1), one half (Evidence No. 2), and transportation cards.

Reasons

Punishment of the crime

1. On July 6, 2012, the Defendant was sentenced to three years in Seoul Eastern District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On May 24, 2015, in addition to the completion of the execution of the sentence, the Defendant was punished for the larceny crime more than 12 times.

2. The Defendant habitually committed the crime, from around 07:30 on July 21, 2015 to around 09:30 on the surface of “D” located in Jung-gu Seoul, Jung-gu, Seoul. In addition, the Defendant stolen the victim’s property (a total sum of KRW 2,2120,00) over 34 times as shown in the separate sheet between around 200 to September 9, 2015, using the gaps in which the victim E was divingd.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Each police statement (including copies) with respect to F and G;

(c) Each statement (including copies thereof) of H, I, J,K, E, M, M, N, P, Q, Q, S, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AF, AH, AH, AI, AJ, and AK;

(d) Police seizure records;

(e) closed circuit television (CCTV) video recorded in the CDs;

(f) Each photograph;

2. The records of the offense;

(a) a response to inquiries;

(b) Prosecution investigation report (verification of the date of release);

3. Even though the habitual criminal defendant was punished for a larceny crime, 13 times (11 times, 2 times, 34 times, etc.), in light of the fact that he/she committed the crime of this case again 34 times again during the period of repeated crime and that the method of the commission of such crime is similar, it is recognized that the criminal defendant has a habit of the larceny crime.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332 and 329 of the Criminal Act (generally, choice of imprisonment with prison labor);

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims.

1. The scope of applicable sentences under law: Imprisonment for one month to 18 years; and

2. Determination of sentence:

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