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(영문) 서울동부지방법원 2018.12.07 2018고합267

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[2] On April 12, 2012, the Defendant was sentenced to imprisonment with prison labor for a night building intrusion larceny at the Seoul Northern District Court on April 12, 2012; six months; two years; on June 29, 2015, two years; and on April 21, 2017, the Defendant was sentenced to imprisonment with prison labor for a night building intrusion larceny at the Daejeon District Court’s Seosan Branch on April 13, 2018; and completed the execution of the sentence on January 13, 2018.

[Criminal facts] In order to raise living expenses, the Defendant had a commercial store on a night-time basis, and had the business completed a business, and had the intent to steal cash.

Therefore, between September 8, 2018 and around 04:42 on the same day, the Defendant: (a) from “D main points” in the operation of the Victim C located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), the Defendant destroyed the locking part of the locking part of the entrance locked by using any cresh in the vicinity, and then intruded into the main points, and then deducted KRW 65,500 in cash owned by the victim from the credit cooperative located in the kackter.

They have been in possession.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, etc., he stolen the victim's property during the repeated crime period.

Summary of Evidence

1. The results of inquiries into the statements (victims), on-site photographs, CCTV CDs, response to requests for appraisal of the suspect at the scene of the crime, and DNA personal information of the detained suspect;

1. A report on internal investigation (verification of the scene of crime through CCTV images at the scene of the case, and the verification of taxi riding after committing the crime);

1. Investigation report ( telephone conversations - taxi engineers, the designation of taxi stops of suspects, the moving routes after getting off and leaving a taxi, the residence of suspects, the entry and exit of suspects on September 8, 2018, the comparison of arrivals, the removal of oil, and the request for fingerprint appraisal at the time of committing the crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (in original form of a law and attachment of the results of search of a person subject to investigation);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes ( January 2018)