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(영문) 서울중앙지방법원 2019.06.18 2019고단1703

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The date on which seizure has been made shall be confiscated (No. 1).

Reasons

Punishment of the crime

On June 25, 2008, the Defendant was punished by imprisonment with prison labor for nine months for a crime of attempted special larceny at the Seoul Central District Court, on October 7, 2014, by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on September 1, 2017 at the Seoul Western District Court, and one year and six months for a crime of larceny at night, in Seoul Western District Court, and the execution of the said final sentence on October 14, 2018 is completed.

On January 21, 2019, between 01:00 and 02:00 on the same day, the Defendant: (a) committed a theft of KRW 953,000 in cash on four occasions, including the following four occasions from around 01:0 to around 02:00, in front of the “D” coffee shop operated by the victim C, Jongno-gu Seoul, Jongno-gu, Seoul; (b) laid down the strings of the entrance door; (c) laid down the locked locked; (d) laid down the locks; and (d) intruded the locks; and (e) cut off the cash owned by the victim, which was contained in the cash receipt and disbursement machine; and (d) cut off the cash amount of KRW 53,000 in cash from around March 8, 2019, as indicated in the list of crimes.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to the crime of attempted special larceny, etc., and stolen the victims' property by destroying the locks again during the period of repeated crime, impairing the structure at night, or impairing the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of E, F and G;

1. Seizure records;

1. The head of a CCTV-cape in the course of escape of the suspect;

1. Previous records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (applicable review reports on application of Article 5-4 (5) of the Specialized Family Act);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act 1.