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(영문) 서울중앙지방법원 2020.03.26 2020고단396

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On December 31, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on July 16, 2015, and was sentenced to two years and six months of imprisonment with prison labor for habitual larceny, etc. at the same court on July 16, 2015. On April 5, 2018, the Seoul Northern District Court sentenced one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.

【Criminal Facts】

1. On August 4, 2019, around 06:30 on August 4, 2019, the Defendant discovered that the victim D was locked by having the key to the head in the “C” inland waters located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sung-gu, Seoul, by having the key to the head of the victim, and cut off by having the key to the victim’s side, and then, the Defendant: (a) opened a corrected object; and (b) stolen the victim’s wall with one million won cashier’s checks, and one hundred and fifty thousand won in cash.

2. On October 21, 2019, around 06:20 on October 21, 2019, the Defendant discovered that the Victim G was locked in the 12nd floor “F” public waters room of Jongno-gu Seoul, Jongno-gu, Seoul, in the right side of the road, and that the victim’s side was 30,000 won in cash, resident registration certificates, credit cards, etc., and stolen the theft by having a walled on the market price of the victim’s possession.

Accordingly, the defendant who was sentenced to imprisonment not less than three times due to larceny, etc., committed larceny again during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and D;

1. Records of seizure and the list of seizure;

1. A report on the occurrence of a crime, a photograph of the criminal defendant, and a report on internal investigation (including places of occurrence and victims, etc.);

1. Previous records: Application of Acts and subordinate statutes to criminal investigation reports (Attachment of results of prisoners' search), inquiry reports, investigation reports (suspects' previous records and confirmation reports);

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