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(영문) 서울서부지방법원 2019.08.12 2019고단830

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 17, 2015, the Defendant was sentenced to one year to be sentenced to imprisonment for habitual larceny at the Seoul Eastern District Court, and completed the execution of the sentence on November 4, 2015 at the Seoul East Eastern District Court (Seoul Eastern District Court). On November 4, 2016, the Seoul Central District Court sentenced one year and four months to imprisonment for habitual larceny, etc. on July 14, 2017, and completed the execution of the sentence at the ified Vocational Training Correctional Institution (Seoul Central District Court). On June 21, 2018, the Defendant was sentenced to six months from the Incheon Central District Court’s Vice Branch to be sentenced to imprisonment for larceny, and completed the execution of the sentence at the Seoul Southern Prison on December 18, 2018.

On February 21, 2019, at around 12:21, 201, the Defendant opened a door at the victim “D” office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B B, and opened it as a hand, and had two bags containing KRW 583,00 in cash owned by the victim E, and USD 3,270 in cash owned by the victim D and KRW 100,000 in new merchandise coupon owned by the victim D.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen another’s property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. A report on the results of field identification;

1. A report on internal investigation (verification of field CCTV, etc.);

1. Investigation report (verification of the relationship of possession of damaged goods);

1. Previous convictions in judgment: Criminal records and investigation reports (verification during the period of repeated offense of a suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is whether the defendant has completed the last convict life, and three months.