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(영문) 서울중앙지방법원 2015.10.15 2015재고단112

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Nos. 1 and 2 of the seized evidence shall be issued to the victim B.

Reasons

Punishment of the crime

On November 25, 200, the Defendant was notified of a summary order of a fine of 300,000 won for larceny at the Seoul Eastern District Court. On October 28, 2004, the Seoul Western District Court sentenced 2 years to a suspended sentence of 10,000 won for larceny, and on December 12, 2006, the Seoul Western District Court sentenced 6 months to a suspended sentence of 10,000 won for larceny, respectively. On May 6, 2009, the Defendant was sentenced to a summary order of 2 million won for larceny at the Seoul Western District Court, and was sentenced to a imprisonment of 6 months with prison labor at the same court on October 8, 2009.

After that, on September 30, 2011, the Seoul detention center sentenced ten months of imprisonment with prison labor for larceny and completed the execution of the sentence on June 19, 2012.

1. On November 10, 2012, around 06:27, the Defendant: (a) discovered the victim C who was divingd and set up a locking room on the platform of the subway 2, the subway 2, the Gangnam Station Station of the Gangnam-gu Seoul, Gangnam-gu, Seoul, and (b) incurred one bank equivalent to KRW 200,000,000,000,000,000,000 won in cash.

2. On March 16, 2013, at around 05:55, the Defendant discovered that the Victim B was under the influence of alcohol in front of 9-3 cann't 2 line platforms in Gangnam-gu, Gangnam-gu, Seoul, Gangnam-gu, 821-1, the Defendant left one smartphone (1,000,000,000) at the left side money of the victim.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Records of seizure by prosecution;

1. Each investigation report (on-site CCTV perusal and analysis), (specific suspect);

1. On-site report (the confirmation ofCCTV video image and the specification of the suspected transportation card number);

1. Images of CCTV images and caps of a theft image;

1. Previous convictions: Criminal history records, reports on criminal investigations (Attachment to related judgments), and (Confirmation of the date of release and confirmation of the relationship of repeated crimes);

1. Habituality of the judgment: