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(영문) 서울중앙지방법원 2017.01.12 2016고합1152

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year and six months of 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 October 29, 2008. On July 22, 2011, the Seoul Southern District Court sentenced the Defendant to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on July 22, 2011, and the review of the said case commenced and changed to a habitual larceny as a result of the Constitutional Court’s decision of unconstitutionality, and was sentenced to one year and six months in imprisonment with prison labor at the same court on November 20, 2015. On March 27, 2015, the execution of the sentence was terminated at the Seoul Detention District Court on April 7, 2016.

【Criminal facts” On September 27, 2016, at around 07:47, the Defendant collected money and valuables worth KRW 7,000,000 in total, including KRW 80,000, KRW 10,000 and KRW 100,000, KRW 20,000, KRW 7,000, KRW 10,000, KRW 20,000, and KRW 7,000,00, KRW 10,000, and KRW 20,000, respectively, in the E office managed by the victim D in the 9th floor of the Seoul Jung-gu Seoul Metropolitan Government building, by opening a door for cleaning.

They go back.

As a result, the defendant was sentenced two or more times to larceny, etc. and committed the above crimes habitually within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A report on internal investigation (on the spot of occurrence, internal investigation of victims, CCTV confirmation that occurred on September 27, 2016), and accompanying documents, investigation reports (specific suspect, place of occurrence, and attachment of CCTV images to reverse lines), and accompanying documents;

1. Police seizure records and list of seizure;

1. Existing presence under subparagraph 1 of this Article;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation ( Results of search of suspects) and each judgment;

1. Habituality of the judgment: A thief shall be admitted in light of the records of the crime in the judgment, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner.