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(영문) 서울중앙지방법원 2020.04.24 2020고합184

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On October 2, 2008, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court. On October 14, 201, the Defendant was sentenced to one year and six months of imprisonment for the same crime at the Seoul Central District Court at the Seoul Central District Court on June 20, 201, and three years of imprisonment for the same crime at the Seoul Central District Court on June 20, 2014. On November 30, 2017, the Defendant was sentenced to two years and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon High Court on November 30, 2017.

【Criminal Facts】

The Defendant, in the vicinity of a university, had been able to steal property by entering a house, etc. where college students reside.

피고인은 2020. 2. 12. 18:22경부터 18:54경 사이 서울 동작구 B건물, C호 피해자 D, 피해자 E의 주거지에 이르러 공동 출입문을 통해 계단으로 올라가 잠겨져 있지 않은 창문을 열고 방안에 침입하여 피해자 D 소유의 현금 35만 원, 반지갑 1개, F대 학생증 1매, 우리은행 보안카드 1매, 우리은행 신용카드 1매, 홍삼 2박스, 후드티 1벌, 화장품(로션, 스킨), 남성용 팬티 1개, 아홉 명의 완벽한 타인들 책 등과 피해자 E 소유의 지오다노 반팔티 1개, 유니클로 반바지 1개, 뱅앤울슨 이어폰 1개, 일과 영성 책 등을 가지고 나왔다.

Accordingly, the Defendant habitually intruded the victims’ residence at night and stolen the property owned by the victims, and committed a theft and attempted theft, such as the statement in the annexed crime list, from February 12, 202 to February 19, 2020, on three occasions during the period from February 12, 2020 to February 19:35, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of D, G and H;

1. Each protocol of seizure and each list of seizure;

1. Investigation reports (verification of sunset time), internal investigation reports (related to statements of victim D additional damaged articles) 1.