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(영문) 서울남부지방법원 2019.05.10 2019고단958
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 record] On April 6, 2002, the Defendant was sentenced to imprisonment of three years and six months with prison labor for larceny, etc. at the Seoul Central District Court on June 2, 2006 to imprisonment with prison labor for the same crime at the Incheon Southern District Court on June 27, 2008, four years of imprisonment with prison labor for the same crime at the Seoul Southern District Court on December 27, 2012, and four years of imprisonment with prison labor for the same crime at the Seoul Southern District Court on December 27, 2012. On November 10, 2016, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on August 28, 2018, and was sentenced to imprisonment with prison labor for the total of 11 times of larceny on August 28, 2018.

[criminal facts] At around 13:05 on October 22, 2018, at the O pharmacy managed by the victim N in Seocheon-si, Gyeonggi-do around 13:05, the Defendant discovered that the Defendant displayed 3,5,000 U.S. dollars at the pharmacy display stand, which is equivalent to 35,000 won per victim’s own market price, and that the Defendant stolen 70,000 U.S. dollars from October 22, 2018 to February 11, 2019, with 12 times the sum of 1,409,000 won per victim’s surveillance neglected as indicated in the list of crimes.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times for the theft of another person's property or for the attempted crime, he/she again commits larceny as above during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of P, Q, R, N, S, T, U,V, W, X, Y, and Z;

1. A report on internal investigation (in the case of CCTV internal investigation in the place of occurrence, field CCTV-related, CCTV-related investigation in the course of a crime, attachment of CCTV-recording data in the place of occurrence, on-site inspection, CCTV-related confirmation, CCTV-related installation, and CCTV-related installation);

1. Investigation report (on-site CCTV analysis and investigation, site parking, etc., and verification of CCTV images, such as field CCTV analysis and investigation, and site parking);

1. CCTV image photographs;

1. Previouss before ruling: Criminal records, etc. and investigation reports are the same as the previous ones;

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