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(영문) 서울중앙지방법원 2019.10.01 2019고단4258

특정범죄가중처벌등에관한법률위반(절도)등

Text

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

Reasons

Punishment of the crime

[criminal power] On May 31, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and two months in Seoul Central District Court due to night intrusion theft, etc., and four months in the same court on July 27, 2012, and ten months in the same court on January 10, 2014, respectively. On June 28, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court and completed the execution of the sentence on January 4, 2018.

【Criminal Facts】

around 05:26 June 19, 2019, the Defendant: (a) intruded the victim’s “D” restaurant operated by Jongno-gu Seoul Metropolitan Government, through the first floor entrance opened for the purpose of thefting goods; and (b) cut down cash of KRW 134,500 (10,000, KRW 10, KRW 4,500, KRW 11,000, KRW 500, KRW 11,500, KRW 500, KRW 11,500, and KRW 7,000) and one credit cooperative, the market price of which cannot be known, in a machine.

around 01:13 on January 14, 2019, the Defendant: (a) intruded into the store through the first floor door opened by the distribution delivery officer to put the goods to be delivered to the store in Seongbuk-gu Seoul; (b) when a hidden logistics delivery agent leaves the store under the supervision of the customer in the store, the Defendant was waiting until the time when the store leaves the store; (c) while the security system was operated while the entrance was opened to the employees of the security company who called the store and sent the entrance to the store, the intention was not achieved, and was not committed, because the entrance was removed to the employees of the security company who was sent to the store.

Summary of Evidence

"2019 Highest 4258"

1. Defendant's legal statement;

1. C’s statement;

1. Time from H Day;

1. Each investigation report (No. 2, 3, 4, 17 No. 17) 2019 order5360;

1. Defendant's legal statement;

1. The police statement concerning G;

1. "Criminal Records" in the investigation report (No. 6, 7, 8, 11, and 14 No. 14 of the evidence list);

1. His previous convictions.