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(영문) 수원지방법원 안양지원 2019.05.24 2019고단398

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On April 19, 200, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on April 19, 200; one year and six months; one year; one year; two years; two years; and two years and six months; one year and six months; and on August 24, 2018, two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul East Eastern District Court; and the execution of the sentence was completed in the Ansan Prison on August 24, 2018.

【Criminal Facts】

1. On December 29, 2018, around 05:49, the Defendant came to a head office operated by the victim C in Mapo-si B, Mapo-si on December 29, 2018, and subsequently removed the window of a warehouse after the victim was removed from the office, and went to an attempted crime because the Defendant did not discover the money to be stolen.

2. On December 29, 2018, the Defendant: (a) around 06:12, 2018, came to be the number of arms operated by the victim E in Mapo-si; and (b) opened a gate warehouse and intruded into the said restaurant by using the cresh without the victim’s leaving the cresh; and (c) cut off the 3,000 won, which is the ownership of the victim in the Kapo-si.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and again committed night-time intrusion larceny and larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. A written statement of C and E;

1. On-site photographs, crime scene, and CCTV photographs of suspect moving routes;

1. Data from CCTVs at a suspect, military branch office, and post office;

1. On-site photographs of the case of a restaurant for ‘the number of dead citizens' located in D in Si/Gunpo-si, and the data on the CCTV photographs generated by a restaurant for ‘the number of dead citizens' located in D in Si/Gunpo-si;

1. The appearance of the suspect taken around the scene of the crime and a comparative photograph of the suspect at the time of arrest of the past;

1. Mother and child worn by the suspect as at the time of arrest, and the mother and child comparative photographs worn by the suspect on the scene of the crime and on the moving route;

1. Records of seizure and the list of seizure;

1. At the time of the commission of the investigation report, the time of the crime is before sunrise.