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(영문) 서울서부지방법원 2017.09.21 2017고합212
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Nos. 1 to 7 of seized evidence shall be the name of the injured party.

Reasons

Punishment of the crime

[2] On August 27, 2004, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes and three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on July 14, 2006. On September 7, 2010, the same court was sentenced to four years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Chuncheon Prison on June 29, 2014. On June 9, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny and was sentenced to four months in the same court on July 2, 2016.

[Criminal facts] Around 16:50 on April 27, 2017, at the construction site of the commercial building located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant cited one 300,000 won of the market price where the victim D was placed inside the entrance of the commercial building.

From June 9, 2017 to June 9, 2017, the Defendant took property worth KRW 4,860,000 in total, including the dynamics owned by the victims, at least eight times, and stolen them.

Accordingly, the defendant was habitually sentenced to larceny, etc. at least twice, and again stolen the victims' property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in D, E, F, G, H, I, J, and K Preparation;

1. Existing evidence of seizure as referred to in subparagraphs 1 through 7; and

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (power of the same kind of crime as the suspect), each judgment, and current status of personal confinement;

1. Habituality: A larceny is recognized in light of the fact that the defendant had been punished several times for the same kind of crime as in the judgment, and the defendant committed the instant crime by the same kind of corporation within the short period after release from the office.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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