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(영문) 서울서부지방법원 2019.08.28 2019고단1351

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

The Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Northern District Court on May 13, 201, and was sentenced to three years for the same crime at the Seoul Northern District Court on November 14, 2014, and the said judgment became final and conclusive on November 22, 2014 and conclusive on August 9, 2017, the execution of the sentence was completed at the 1st prison of the Northbuk Northern Northern District Court on August 28, 2017, and was sentenced to one year and six months for the same crime at the Daejeon District Court on September 28, 2017, and the said judgment became final and conclusive on February 29, 2019 and became final and conclusive on February 6, 2019.

1. At night, around 01:05 on March 6, 2019, the Defendant: (a) opened an outdoor window before the “D Operation of Victim C” restaurant located in Mapo-gu Seoul Mapo-gu Seoul; and (b) intruded into the restaurant, and stolen cash owned by the victim during the equipment in front of the restaurant, 6,700 won.

2. At night, around 02:30 on March 6, 2019, the Defendant: (a) used stairs for the purpose of theft of another’s property in front of “F-type department located in Mapo-gu Seoul Mapo-gu”; (b) opened the 606 sick room in order to find a stolen object by intrusioning into the corridor of the sixth floor hospitalized room; and (c) opened the 606 sick room in order to find a stolen object; and (d) discovered the matter to G hospitalized in that place, and did not commit an attempted crime, and did not commit an escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C, G, and H;

1. Readings from DNA CCTV images, those other than the F-type and those from CCTV images;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 330 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Mitigation of self-denunciation is against the victim C under Articles 52(1) and 55(1)3 of the Criminal Act.