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(영문) 서울남부지방법원 2018.12.07 2018고단5164

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On November 2, 2007, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Western District Court, on April 15, 201, sentenced to three years and six months of imprisonment for the same crime in the Incheon Western District Court branch, on November 14, 201, and was sentenced to three years and six months of imprisonment for the same crime in the Seoul Western District Court. On April 8, 2018, the Defendant completed the execution of the final sentence in the official prison.

On September 25, 2018, at around 04:00, the Defendant: (a) laid off the victim’s seat room of “C Sarina” located in Mapo-gu Seoul, Seoul; and (b) cut off the victim’s seat with cash 350,000 won, which was the victim’s possession.

From that time to October 3, 2018, the Defendant stolen property owned by the victims eight times in total in the same manner as in the list of crimes in the attached Form.

As a result, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and the final execution of the sentence was completed, and thus, he intruded into a structure at night and stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made by the police against D;

1. Each statement of E, F, G, H, I, J, and K;

1. Photographs materials (in the place of occurrence, letter or the interior of a slope);

1. On-site CCTV photographs;

1. A protocol of seizure and a list of seizure;

1. Scenes or CCTV photographs;

1. Recording records;

1. Time of sunrise on September 30, 2018;

1. Previous convictions: (A) An inquiry about criminal history, and the application of Acts and subordinate statutes on criminal records;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Act on the Aggravated Punishment of Concurrent Crimes is that the nature of the crime is not good in light of the several methods of the crime in this case, and it is several times of theft under the same Act.