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(영문) 서울서부지방법원 2020.01.08 2019고합325

특정범죄가중처벌등에관한법률위반(절도)

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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 9, 192, the Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Southern District Court on December 1, 1995, to one year of imprisonment with prison labor for night intrusion larceny at the Seoul Central District Court on December 1, 1995, to eight months of imprisonment with prison labor for larceny at the Seocho District Court on September 13, 1997, to two months at the Chuncheon District Court on November 26, 1998, to six months of imprisonment with prison labor for larceny at the Seoul Central District Court on May 12, 2005, to four months of imprisonment with prison labor for larceny at the Western District Court on March 20, 2007, to one year and six years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) at the Western District Court on September 28, 201, and to three years from the Seoul Western District Court on September 16, 2014, respectively.

On September 12, 2019, the Defendant: (a) around 00, around 12:00, the door of D freight parked by the victim C in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) had two bags of an amount equivalent to 50,000 won of the market price, which is the victim’s possession in custody in that door; and (c) between around that time, to November 20, 2019, the Defendant carried out goods of an aggregate of KRW 1,710,000 of the market price, which is the victims’ possession in the five times in total, as shown in the list of crimes in attached Table, from that time to November 2, 2019.

Accordingly, the Defendant was sentenced to punishment twice or more due to larceny, etc. as above, and subsequently stolen another’s property again within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement, F’s statement, C’s statement, G’s statement and H’s statement;

1. On-site photographs, CCTV images of the scene of occurrence, and on-site photographs of the damaged area;

1. A copy of the 112 reported case handling table; and

1. The CCTV images, CCTV images, and CCTV images;