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(영문) 서울중앙지방법원 2017.11.09 2017고합917
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 15, 2011; on October 26, 2015, the same court was sentenced to one year of habitual larceny and completed the execution of the sentence on June 22, 2016; on December 23, 2016, the court sentenced ten months of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence on July 5, 2017.

In addition, the defendant is a person who has seven times of punishment due to larceny and one time of fine.

[Criminal Facts]

1. On August 19, 2017: (a) around 04:19, the Defendant entered the “D Public Notice Board” on the 3 and 4th floor of the Seoul Jung-gu Seoul Central District C Building; (b) the victim E owned by the victim E, who was suffering from the 4th floor rapid building; (c) one half retail store of the market price equivalent to 25,000 won in the victim E, which was owned by the victim F, the market price of the victim F owned by the victim F, the victim F, stored in the singular; (d) one half-round kimchi box of the market price of the victim F, the victim’s market price of which is kept in the 3rd floor, at the entrance of the 3rd floor.

They go back.

2. On August 21, 2017, the Defendant entered the places specified in the foregoing paragraph (1) around 05:34, and cut off on an emergency warning day, which is equivalent to KRW 50,000, market price of the victim G-owned G at the entrance of the third floor, and KRW 50,000,000, market price of the victim H-owned.

They go back.

As a result, the defendant was sentenced two or more times due to habitual larceny, etc., and again stolen another's property within three years from the time when the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of E, F, G, and H;

1. A report on investigation (in-depth CCTV analysis) and a report on investigation (in-depth CCTV analysis for crimes);

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), report on investigation (verification, etc. of the same criminal history as the suspect);

1. Habituality of the judgment: The defendant has the same criminal records as stated in the judgment of the court, and the same case is also the period of repeated crimes after the execution of the final sentence has been completed.

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