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(영문) 서울중앙지방법원 2016.09.30 2016고합700

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On January 8, 2009, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court, and was sentenced to one year and six months of imprisonment for the same crime at the Seoul Northern District Court on August 26, 2010, and was sentenced to three years of imprisonment for the same crime at the Seoul Northern District Court on April 26, 2013, and completed the execution of the sentence on November 26, 2015.

[2] On February 27, 2016, at around 20:00, the Defendant stolen the victims’ property at least four times in total, as shown in the list of crimes in the separate sheet of crimes, including the following: (a) the Defendant: (b) 50,000 won in cash, which was the victim’s possession, which was suffering from the shopping car car using a cresh in which the victim C was at the 240th floor food store in Mapo-gu Seoul Metropolitan Government Office World Cup; (c) 50,000 won in cash, which was the victim’s possession; (d) 5,000 won in credit cards; (e) one resident registration certificate; and (e) one cell phone.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A written statement of C, F, and G among the investigation reports (Attachment of case records related to the investigation of such crimes);

1. A report on occurrence (thief), investigation report (field chief and hearing statements of victims), investigation report (DA response result collected at the site of occurrence), investigation report (verification of an investigation report, notification of damage notification), investigation report (related to the location of a victim of a cart), investigation report (related to the location of a victim of a cart), investigation report (Attachment of case records related to investigation of such crime);

1. An investigation report (in-house CCTV investigation), a photograph, a criminal investigation report (in-house CCTV images inside the Maart station), and an internal CCTV image, a criminal investigation report (in-house photographs attached), a seized object photograph, and a criminal investigation report (in-house case of 2016-92 CCTV photographs attached) in the Mat station;

1. Previous convictions: A statement of inquiry about criminal history data, investigation report (report on the previous convictions and confirmations of repeated crimes), investigation report (reports attached to the previous rulings), and investigation report;