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(영문) 서울남부지방법원 2014.10.14 2014고단3108
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On September 1, 199, the defendant was sentenced to a suspended sentence of six months in the Seoul Central District Court for larceny; two years in the same court on October 26, 200; six months in the same court on January 15, 2002; one year in the same court on May 16, 2003; eight months in the same court on November 11, 2004; one year in the imprisonment for larceny; one year in the same court on June 9, 2005; one year in the imprisonment for attempted larceny; and two years in the same court on August 10, 2006; one year in the imprisonment for attempted robbery; and two years in the same court on August 10, 200; and two years in the same court on April 12, 2012 to a suspended sentence of two years in Seoul Central District Court on June 16, 201.

【Criminal Facts】

On August 2, 2014, around 13:15, 2014, the Defendant: (a) sent the victim D with the third floor of Yangcheon-gu Seoul Metropolitan Government, to be a guest, and (b) committed theft with cash 300,000 won owned by the victim who was in the knife in the knife in the knife in the knife of the knife.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc. and again commits larceny within the repeated crime period.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A report on investigation (verification of the place of criminal conduct);

1. Images of CCTV images;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes as a result of the search of prisoners;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;

1. The reason for sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated criminal offenders [the range of recommending punishment] the basic area (2 to 4 years) of types 1 (general habitual and repeated larceny) (2 to 4 years) of habitual and repeated crime theft [decision of sentence] Defendant released him/her after having been sentenced to imprisonment for the same kind of crime.

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