beta
(영문) 서울남부지방법원 2020.11.13 2020고합335

특정범죄가중처벌등에관한법률위반(절도)등

Text

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

1,000,000 square meters (No. 25) shall be confiscated.

The seized precious metals.

Reasons

Punishment of the crime

[criminal power] On January 20, 2010, the Defendant was sentenced to three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the branch court of Suwon District Court (hereinafter referred to as Suwon District Court). On September 24, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny and completed the execution of the sentence on February 8, 2019.

【Criminal Facts】

1. On November 2, 2019, around 15:20 on November 2, 2019, the Defendant destroyed and damaged a crime prevention window installed on the window in the direction of the corridor as his/her hand in front of the Victim E’s house in Gangseo-gu Seoul Metropolitan Government C apartment D.

2. On November 15, 2019, around 15:00 on November 4, 2019, the Defendant: (a) removed a crime prevention window installed on the window in the direction of the corridor in his/her hand; (b) taken the window in his/her hand; and (c) stolen the victim’s market price in his/her possession; (d) two Lmond half of the Smond; (e) one of the private wave half of the private wave; and (e) one of the cash KRW 280,000 from around that time to June 19, 202; and (e) taken a theft of the victim’s property more than 12 times in total, as indicated in [Attachment Table 1-12] through [Attachment Table 1-12] between the time of the crime and June 13, 2020; and (e) did not discover any goods, etc., but did not commit an attempted crime.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen or attempted to steals the victims' property within three years after the execution of the sentence was completed, and the defendant did not commit it, but did not know about the market price of the victims' property, and damaged each crime prevention window.

Summary of Evidence

1. The first, second, and third examination of the defendant's interrogation protocol against the defendant's legal statement (Evidence List Nos. 10), E, J, K, L, M, N,O, P, Q, R.