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(영문) 서울남부지방법원 2019.02.20 2019고단7

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant sentenced the Gwangju District Court to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year of imprisonment for habitual larceny, etc. in the same court on May 21, 2015, respectively. On September 2, 2016, the same court was sentenced to one year and six months of imprisonment for larceny, etc. and completed the execution of the sentence on December 16, 2017.

1. On November 30, 2018, at around 21:04, the Defendant came into the building “D” for the victim’s operation in Gangseo-gu Seoul Metropolitan Government, and opened a door and opened a door in the front of the victim’s food materials warehouse through stairs, and intrudes into the victim’s food materials warehouse by way of opening and entering the door, the Defendant 2 rings of rice (20 kilograms, respectively), the market price of which is equivalent to KRW 106,00,000, and 5 balls (10 boxes, respectively), the market price of which is equivalent to KRW 1,40,000, and 2 wings (10 boxes, respectively) out of the building.

Accordingly, the defendant stolen the victim's property.

2. On November 30, 2018, the Defendant intruded the victim’s warehouse at the same place as in the preceding paragraph at the same time as in the preceding paragraph, and went out of the building with one stude (15 kilograms) equivalent to the market price of 100,000 won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the victim's written statement;

1. Police suspect interrogation protocol regarding E;

1. A photograph of the head of the crime;

1. Cut of a red paper powder mash;

1. Investigation report (related to correction of damaged articles);

1. Investigation report (investigation to confirm crimes committed by a suspect);

1. Previous records of judgment: Criminal history records, inquiry reports by individuals, current status of acceptance by individuals, and application of five copies of written judgments;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that damage has been recovered and the victim does not want the punishment of the defendant, and that the defendant is against his/her will);