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(영문) 서울북부지방법원 2013.03.15 2013고단307
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On June 22, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on November 10, 201, and was punished nine times for the same crime on November 10, 201.

【Criminal Facts】

1. Around January 24, 2013, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) found the victim C, a workplace partner, and fling together with the victim C, who was fluor in front of the exit exit of 3 times in Dobong-gu Seoul, Dobong-gu, Seoul, about 23:00 on January 24, 2013, he saw that the victim fluords together with the victim C, who was fluor in front of the exit exit of Dobong-gu, Seoul, and fluored by using the crebs in which the victim's surveillance was neglected, put his hand into the above bank and 38,000 won in cash, which is the victim's possession, 38,000 won in cash, 2 USD fluor, 1, 1, Samsung Credit Card, 1, and 1, 30,000 won in the market price.

Accordingly, the defendant habitually stolen the victim's goods.

2. On August 19, 2012, the Defendant acquired stolens at KRW 100,000, after being aware of the fact that the victim D was stolen, in front of the Gangseo-gu Seoul Northern Bank Finance Center located in Gangnam-gu, Seoul, Seoul, and around 463-57, the Defendant acquired stolens at KRW 100,00,000, even though he was aware of the fact that the victim D was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement concerning C, E, and F;

1. Police seizure records;

1. Previous records: Criminal records, investigation reports (verification of the expiry date of the term of punishment), and copies of each written judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime as indicated in the judgment and the details of a crime committed with the preceding repeated offense, the method and frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-4 (1) of the Criminal Act, selection of applicable

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