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(영문) 인천지방법원 2016.11.10 2016고단5702

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 24, 1997, the Defendant was sentenced to imprisonment of two years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daegu District Court on April 6, 2002, to imprisonment of three years and six months for larceny, etc. at the Seoul Central District Court on June 2, 2006, and two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Incheon District Court on June 2, 2006, to four years for the same crime at the Seoul Southern District Court on June 27, 2008, and completed the execution of the sentence on June 18, 2016.

【Criminal Facts】

around 15:20 on August 3, 2016, the Defendant, “2016 Godan5702,” was placed in the clothing store operated by the victim D, with the victim D with the victim D in Bupyeong-gu Incheon Bupyeong-gu C underground shopping district of 305 on August 3, 2016, using the gap in which the victim's surveillance was neglected, 1 mobile phone bamboo cases equivalent to the market price of 100,000 won in the display stand.

From that time until August 29, 2016, the Defendant stolen money and valuables worth KRW 4,760,000, which are the total market price of the victims, on seven occasions, as shown in the list of offenses.

around 10:50 on August 19, 2016, the Defendant: (a) placed one box of “Japan 3” equivalent to KRW 60,000 in the market price owned by the victim, which was located in the display stand, at around 10:50, the victim G operation in Dongjak-gu Seoul Metropolitan Government, in which the victim’s surveillance was neglected; (b) placed one box of “Japan 3” in the shopping bags cited by the Defendant.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

"2016 Highest 5702"

1. Defendant's legal statement;

1. Each statement of D, H, I, J, K, L, and M;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (to be accompanied by CCTV-TV photographs at a place of crime), a criminal investigation report (on the spot), a criminal investigation report (to be accompanied by a photograph to the head of the crime), and a criminal investigation report (on the spot CCTV confirmation, etc.);

1. CC-TV analysis (for example page), each on-siteCC-TV photograph, on-site photograph, on-site photograph, on-site photograph, and on-TV photograph at the scene of crime;

1. A previous conviction in judgment: