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(영문) 수원지방법원성남지원 2020.09.24 2020고합238

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On November 15, 2001, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Sungnam Branch of Suwon District Court on November 15, 2001; on October 29, 2004, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Suwon District Court on September 14, 2007; on April 21, 201, the Seoul East District Court sentenced three years and six months to imprisonment with prison labor for the same crime; on February 13, 2015, the Defendant was sentenced to imprisonment with prison labor for a habitual larceny at the Seoul Central District Court on February 13, 201; on July 14, 2017, the Seoul Northern District Court sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on May 11, 2019.

【Criminal Facts】

The defendant and the victim B are residing in the same notification board and are not aware of each other.

At around 14:51 on August 8, 2020, the Defendant: (a) opened a door in which the victim B was living in Seongbuk-gu, Sungnam-si, and opened a door in which the victim was not corrected by unsatising the string for the purpose of his personal identification; and (b) cut off the victim’s cash, which was the victim’s possession, with one verification color, which was 2 million won.

As a result, the defendant intrudes into the room occupied by another person, and was sentenced twice or more to larceny, etc., and again stolen another person's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of a private camera-recording image of a private camera-recording installed in a building at the scene of the statement of the police in B, or a photograph of a private camera-recording image of which the suspect is recorded and a photograph at the scene of seizure;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports, and investigation reports;

1. Habituality: Application of the law to recognize dampness in light of the fact that the same kind of power is 11 times in total and the similarity of criminal law and the same crime is repeated within the period of repeated crime, etc.