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(영문) 서울남부지방법원 2019.09.06 2019고합171
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 29, 2011, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on July 22, 2016, and sentenced to ten months of imprisonment for habitual larceny, etc. at the Suwon District Court on July 22, 2016, and on June 29, 2017, the Defendant was sentenced to one year and six months of imprisonment for larceny from the Busan District Court’s subsidiary branch, and completed the execution of the said sentence on September 19, 2018.

1. On March 23, 2019, at around 19:40 on March 23, 2019, the Defendant cut off a “D” female miscellaneous store located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) No. 200 won in cash, which is the victim’s possession in the bank located in the bank affected by the arms of the victim, by taking advantage of the gaps in which the victim E, who is the customer, was able to wear the goods and neglecting the boundaries while taking advantage of the gaps in which the boundary is neglected. One of the 15,000 won in the market price, which includes one resident registration certificate, was cut off.

2. On March 29, 2019, the Defendant: around 10:02 on March 29, 2019, at the waiting room of the third floor in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, the Defendant accessed the victim F, who was a visually impaired person, who had been seated in the atmosphere, as if he had been aware of the fact that he had been living in the atmosphere, and then cut off the cash of KRW 690,000, resident registration certificates, one resident registration certificates, and one physical card at the market price of KRW 80,000,000, which is owned by the victim at a bank located adjacent to another victim.

Accordingly, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen another's property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A criminal investigation report (the routes of movement of suspects, routes of escape, and attachment of criminal records and photographs);

1. Previous records: Criminal records and other inquiries and investigation reports (verification of criminal records of the same kind of suspect, written judgments and personal confinement status);

1. Habituality of the judgment: The records of each crime, the number of crimes, the frequency of crimes, and six months after the completion of the sentence.

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