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(영문) 광주지방법원 2020.10.21 2020고단4409

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 through 5 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2010, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on September 4, 2013, three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on September 4, 2013, and on July 20, 2017, the Seoul Central District Court sentenced two years and six months of imprisonment for a habitual larceny at the Seoul Central District Court on July 14, 2019.

【Criminal Facts】

On September 4, 2019, at around 04:22, the Defendant: (a) destroyed the Victim C, which was managed by the Victim C in Gwangju-gu, Gwangju-gu, using a bags owned by the victim C; and (b) stolen it with a cash equivalent to KRW 800,000,000 in total, from August 8, 2019 to July 8, 2020; (c) stolen 18 times as indicated in the list of crimes in the attached Table; and (d) attempted to steals property over three occasions.

Therefore, even though the defendant was sentenced to imprisonment with prison labor for larceny, etc. at least three times, he/she again committed each crime of larceny and larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Related photographs;

1. Investigation reports (related to the visual recording of neighboring CCTVs), field identification reports, evidence photographs, CCTV images, site photographs, evidentiary photographs, CCTV images images, evidence photographs, CCTV images CDs, internal investigation reports (finite photographs of a suspect who enters the place of committing a crime), photographs, such as site identification reports, field identification reports, records of seizure, list of seized objects, photographs related to seized objects, on-site photographs and CCTV photographs;

1. Previous records: Criminal records, investigation reports (Attachment of the same kind of records and confirmation of the period of repeated crimes), the current status of personal confinement (A) and applicable Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Aggravation for repeated crimes;