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(영문) 서울중앙지방법원 2021.01.29 2020고합1036

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On January 5, 2012, 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 at the Incheon District Court, and was sentenced to two years of imprisonment for the same crime at the Seoul Southern District Court on October 23, 2014. On January 6, 2017, the Defendant was sentenced to four years of imprisonment with prison labor for the same crime in the Incheon Southern District Court’s Vice Branch Branch, and completed the execution of the sentence in the said prison on October 16, 2020.

[2] On November 13, 2020, the Defendant: (a) around 00:10 on November 13, 2020, at the mid-to-date point of the trade name of “D” operated by the victim C, located in Gwanak-gu, Seoul Special Metropolitan City; (b) was prepared in the part of the entrance locker; (c) was stored in the entrance locker; and (d) destroyed by the milch door; and (d) went into the entrance, and then deducted the cash amount of 15,000 won

From that time until 23. 02:40 of the same month, a total of KRW 1,749,000 was stolen over 13 times, such as the list of crimes in the annexed sheet, and attempted to steal money and valuables in the same way seven times.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and again intruded into the structure, etc. of the victims again within three years after the completion of the execution of the punishment, and thus, stolen or attempted to steals the victims' property. At night, the defendant attempted to steal or steal the victim's property by destroying the door, the wall, and a part of the structure of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E, F, G, H, I, J, K, L, M, C, N, P, Q, R, T, U, V, and W;

1. Previous convictions in judgment: Investigation report (verification of suspect records, etc. of crimes) and accompanying documents;

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the period of the same repeated crimes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.