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(영문) 서울서부지방법원 2016.08.11 2016고합164
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal record] On November 30, 1993, the defendant was sentenced to imprisonment with prison labor for six months with prison labor for larceny at the Seoul Central District Court on November 30, 1993, eight months with prison labor for the same crime at the same court on October 20, 1994, two years with prison labor for ten months with prison labor for the same crime at the Seoul Northern District Court on August 14, 2003, one year with prison labor for the same crime at the Seoul Central District Court on June 30, 2004, one year and six months with prison labor for the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 30, 2007, and one year and six months with prison labor for the same crime at the Seoul Western District Court on September 4, 2009.

On August 27, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Seoul Central District Court on August 27, 2015 and completed the execution of the sentence at the Seoul Detention Center on January 26, 2016.

[2] On June 5, 2016, at around 01:50 on June 5, 2016, the Defendant discovered that the victim D was under the influence of alcohol in front of the Mapo-gu Seoul Metropolitan Government C building, and kept the victim's property in mind by means of a "non-fluoration" method, which means that the victim would steal the victim's property. However, the Defendant brought one bank that includes the victim's cell phone, wall, cash 107,00 won.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, investigation reports (related to habituality and application of repeated crimes), and investigation reports (verification during the period of repeated crimes of suspects);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing the theft habits in light of the records of the crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes is a criminal record of habitual larceny, the enforcement of which was completed on January 26, 2016.

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