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(영문) 서울남부지방법원 2019.07.12 2019고단2484

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 7 through 11 shall be confiscated from the accused.

evidence of seizure.

Reasons

Punishment of the crime

[criminal power] On March 17, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Busan District Court on September 6, 2012; ten months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on December 11, 2015; and one year and eight months of imprisonment with prison labor for larceny, etc. at the same court on December 11, 2015; on November 16, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and completed the execution of the sentence at the port of the same court on February 7, 2019.

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On March 2019, the Defendant: (a) took away a copy of the victim’s resident registration certificate owned by the victim D, which was located in the wharf located in the vicinity of Busan Island E or below; (b) around March 2019, the Defendant took away one of the victim’s resident registration certificates.

B. On May 3, 2019, around 16:26, the Defendant: (a) placed 14K gold bars equivalent to KRW 800,00 in the victim’s market price owned by the Defendant, which was located in the display stand, in the gold bank operated by the victim B located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, by taking advantage of the gaps in the surveillance of his employees, and stolen the Defendant.

C. At around 13:40 on May 14, 2019, the Defendant: (a) opened a door-to-faceless driver’s seat of the Victim C, which was parked in Yeongdeungpo-gu Seoul Metropolitan Government I, and subsequently stolen KRW 5,500,00 in cash owned by the Victim C, which was parked therein.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, steals another's property during the period of repeated crime.

2. On May 14, 2019, the Defendant: (a) at the bus stops located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as Yeongdeungpo-gu, the Defendant: (b) had a victim’s name on the bus stops; and (c) had the victim think he/she had his/her own idea without following necessary procedures, such as acquiring cash 135,000 won, and returning to the victim, even though he/she did not take necessary procedures.

In this respect.