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(영문) 서울서부지방법원 2019.06.19 2019고단435

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On December 22, 2010, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Eastern District Court on September 7, 2016, and eight months of imprisonment for larceny, etc. at the Seoul Central District Court on September 7, 2016. On October 11, 2017, the Seoul Central District Court sentenced ten months of imprisonment for an attempted larceny at night and completed the enforcement of the sentence on May 21, 2018.

【Criminal Facts】

On January 22, 2019, the Defendant: (a) around 02:23, 2019, up to 24,000 won, 124,00 won, including 1,24,00 won, 7, 3,000 won, 3,000 won, and 2,00 won, and 2,00 won, in the case of 'D' restaurant operated by 'D' by the victim C(60 years of age) of Mapo-gu Seoul Metropolitan Government by taking the windows by force, thereby destroying and damaging a trial engine.

Accordingly, the defendant was sentenced to imprisonment with prison labor for larceny more than three times, but theft was committed again within the period of repeated crime.

around 01:33 on January 22, 2019, the Defendant: (a) had invaded into the said restaurant by the victim FF in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) had attempted to open an entrance by shouldering the entrance door with the opening of the entrance in advance; and (c) had failed to enter the said restaurant because of the lack of a locking door.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he attempted to steal the victim's property by destroying part of the structure at night during the repeated period and impairing the structure.

Summary of Evidence

1. For previous records of judgment: Criminal history records, investigation reports (verification of the period of repeated crime of a suspect, previous records, and attachment of judgment);

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs and investigation reports (in-depth CCTVs), "2019 Highest 1352";

1. Defendant's legal statement;

1.F.