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(영문) 서울중앙지방법원 2019.01.18 2018고합1114

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On August 9, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on September 9, 2005; three years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on March 17, 201, the Seoul Central District Court was sentenced to four years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on December 28, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of habitual larceny at the Seoul East District Court on February 27, 2018.

【Criminal Facts】

1. Around 00:00 on August 18, 2018, the Defendant: (a) taken a breath in front of Jongno-gu Seoul, Jongno-gu, Seoul to assist the victim C (Nam and 40 years of age) returning home under the influence of alcohol; (b) taken a 300,000 won in cash at the back of the victim’s backer money and a card, etc.; (c) taken off one black-down tag in the market price of the victim’s possession.

2. On October 21, 2018, at around 15:40 on October 21, 2018, the Defendant moved out one of the night reflectors in the market price of the victim’s possession, which includes the victim’s KRW 200,000 in cash, driver’s license, and two card.

As a result, the defendant was sentenced to two or more habitually to larceny, and again stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police interrogation protocol of the accused;

1. Each statement G and C;

1. Images of CCTV at the scene of occurrence (1-13 pages of investigation records), CCTV image data at the scene of crime (14 pages of investigation records), CCTV photographs (167-170 pages of investigation records);

1. Previous records of judgment: Results of the inspection of prisoners, criminal records, inquiry reports, and investigation reports (report on the confirmation of criminal records of the same kind of suspect and repeated crimes);

1. Habituality of judgment: In light of the records of each crime, the number of crimes, the number of crimes, and the same kind of crimes as indicated in the judgment, etc.