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(영문) 서울동부지방법원 2014.11.27 2014고단2594
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one and half years.

Reasons

Punishment of the crime

【Criminal Power】 On November 19, 2002, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on April 17, 2008, and completed the execution of the sentence in the Daegu Prison on September 3, 200

【Criminal Facts of Crimes】 around 03:00 on July 31, 2014, the Defendant: (a) committed theft with the cash amounting to KRW 833,300,00, which was owned by the victim, who opened and intruded the entrance by having the lock set up in the Ecer shop operated by the victim in Gwangjin-gu Seoul Special Metropolitan City, set up several doors, and put it into the locker’s depository.

In addition, the Defendant committed a theft of, or attempted to, money and valuables of the victims worth KRW 4,09,000 in total nine times from January 31, 2012 to August 13, 2014, such as the list of crimes.

Accordingly, the defendant habitually stolen the victims' money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement of F, G, H, I, J, K, L, M and N;

1. Each on-site inspection report and each appraisal report;

1. Investigation report (each CCTV image data) and each CCTV photograph;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions during the period of suspension of execution of sentence), and personal identification and confinement status;

1. Habituality of judgment: Application of the 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 and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 342 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;

1. The sentencing criteria shall be;

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