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(영문) 서울남부지방법원 2017.06.01 2017고단1706
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

The seized Arascopus (copic color) one (No. 1) and New Sap. New Sap.

Reasons

Punishment of the crime

On November 21, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Northern District Court, and on March 21, 2014, the same court was sentenced to three months of imprisonment with prison labor for larceny, and on January 22, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny from the Incheon District Court’s Branch Branch Branch of the Incheon District Court, and completed the execution of the sentence at the Gansung Vocational Training Institution on July 24, 2016.

Criminal facts

At around 01:10 on March 13, 2017, the Defendant: (a) opened a top door of the E-learning Car in the Yangcheon-gu Seoul Metropolitan Government Dagdong Parking Lot; and (b) committed a theft with 60,000 won of tobacco 6A and cash 40,000 won in a passenger car; (c) from this point to March 26, 2017, the Defendant did not commit an attempted crime, such as the list of crimes in attached Table 44 times from this point to March 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statements and forty-two copies (F Other 41 victims);

1. Each CCTV CD image and each photograph;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: References to inquiries, reports on the results of confirmation of the previous convictions and dispositions, written summary orders, written judgments, and application of Acts and subordinate statutes to the personal confinement status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

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

1. Two types of theft (Habitual larceny) under the Specific Crimes Aggravated Punishment Act on the scope of the recommended punishment: None of the basic areas (two years to four years) (the person who is subject to special sentencing)

2. The circumstances favorable to the Defendant include the fact that the Defendant, who was sentenced to a sentence, was living in prison with his family members while living in prison, and the Defendant stated that he was against the Defendant.

provided, however, that the defendant;

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