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(영문) 서울북부지방법원 2019.03.15 2019고단119

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2004, the Defendant was sentenced to one year and six months of imprisonment with prison labor and two years of suspended execution due to robbery, etc. at the Incheon District Court, and on August 18, 2004, the sentence became effective due to the same day after being sentenced to four months of imprisonment with prison labor at the Incheon District Court as larceny. On February 2, 2007, the Incheon District Court was sentenced to nine months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court on March 18, 2008; on December 17, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court on February 19, 2016; and completed the sentence by being sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court on February 19, 2016.

【Criminal Facts】

On January 2, 2019, at around 03:34, the Defendant: (a) cut off the front door of the C SPP car parkeded in front of the Seoul Jung-gu, Seoul, and then cut off the amount of money and cash in cash, which is owned by the victim D, which was entered in the custody of the driver’s seat card.

On the same day, the Defendant opened a door of a parked vehicle and attempted to steal or steal goods without having any door over five times in total, such as the list of crimes in the annexed list of crimes on the same day.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and again attempted to steals or steals another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in D, E, and F;

1. A report on investigation (CCTV counter-investigation) and a photograph of the CCTV caps attached thereto;

1. Investigation report (or CCTV counter-investigation and specific details of the suspect).

1. A written statement of the victim G of the investigation report;