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(영문) 서울서부지방법원 2015.07.09 2015재고단22
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 15, 2010, the Defendant was issued a summary order of KRW 1 million by larceny, etc. at the Busan District Court, and on February 10, 201, the Defendant was sentenced to a suspended sentence of KRW 1 million by imprisonment with prison labor for larceny, etc. on October 10, 201. On May 22, 2013, the Defendant was sentenced to a summary order of KRW 1 million by the Seoul Western District Court as larceny. On January 22, 2014, the Defendant was sentenced to a fine of KRW 1 million by the same court.

On June 12, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Central District Court on June 12, 2015, and the judgment became final and conclusive on June 20, 2015.

1. On May 28, 2013, around 17:55 on May 28, 2013, the Defendant stolen, with one LG monitor in an amount equivalent to KRW 177,500, the victim’s market price in which the victim D was parked in front of the exit of 22 and 15,00 Yongsan-gu, Yongsan-gu, Seoul.

2. On May 30, 2013, at least 15:30 on May 30, 2013, the Defendant stolen, with four Samsung Electronic Monitoring Devices in the aggregate amounting to KRW 9.20,00,00 in the victim H holding market value in the relevant animal column in the manner described in paragraph (1), from G trucks parked by the 2-185 Han River-ro, Yongsan-gu, Yongsan-gu, Seoul, with 20,000, from the front day of the Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government 2-185.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. Previous records: Criminal records and investigation reports (reports on search of detailed information in cases, report on attachment of a copy of indictment for relevant cases, and report on attachment of the same kind of judgment, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 329 of the Criminal Act applicable to the facts constituting an offense (generality of imprisonment and choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act:

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