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(영문) 서울중앙지방법원 2019.08.23 2019고합207

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A Imprisonment with prison labor for four years and for two years, respectively.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to four years in Seoul High Court on April 16, 1996 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and three years in imprisonment with prison labor for the same crime at Suwon District Court on May 29, 2013, and on June 10, 2016, Defendant A completed the execution of the sentence in the female prison on April 13, 2018.

【Criminal Facts】

On November 14, 2018, from around 18:26 to 18:42 of the same day, the Defendants: (a) opened the steel string door in Seocho-gu Seoul Metropolitan Government D apartment and E, where the victim C is living; (b) opened the steel string door by using the gap in the house; and (c) cut off the metal string door with one (100,000 won at the market price of the victim’s possession in the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside bank, the Defendants laid down one (10,000 won) and cut off the metal 2,50,000 won at the market price.

As a result, Defendant A was sentenced to punishment twice or more due to larceny, etc., and again stolen the victim’s property again within three years after the execution of the sentence was completed, and Defendant B stolen the victim’s property jointly with Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s statement;

1. Investigation report (verification of addition of damaged goods), investigation report (report on the determination of the market price of damaged goods), investigation report (in relation to the current form of a suspect and comparison of CCTV data in the present site and CCTV data in the Ftel), investigation report (in relation to the difference of time between visual images and visual images recorded in the present case), investigation report (in relation to the difference of time in photographs), investigation report (in relation to the difference of time between visual images and visual images recorded in A), investigation report (in relation to video CD worn out by a suspect B), investigation report (in relation to the statement of a victim), investigation report (in relation to the statement of a

1. Genetic appraisal reports and results of DNA personal inquiries of detained suspects;

1. G closure photographs, such as a CCTV photograph around the scene of the crime, a photo of each CCTV course, a photo of the damaged site, each site photograph, a photo of the ctv, a photo of the ctv capse, etc.