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(영문) 서울남부지방법원 2020.05.20 2020고단1694
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On July 2, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny in the Incheon District Court’s Branch Branch, and the judgment became final and conclusive on July 10, 2015. On August 12, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. on August 16, 2016, and the said judgment became final and conclusive on August 16, 2016, the sentence of the said sentence became void and was released on August 14, 2017 during the execution of the sentence, and the parole period expired on October 11, 2017. On November 1, 2018, the Seoul Central District Court sentenced the Defendant to one year and 2 years of imprisonment with prison labor for night structure intrusion larceny, etc., and completed the execution of the sentence at the Sungsung vocational Training Center on July 24, 2019.

【Criminal Facts】

On March 16, 2020, at around 05:19, the Defendant invaded on the second floor parking lot of the building of “C Sawna” located in Yangcheon-gu Seoul, and opened a door that was parked therein, the victim D owned by the victim, and found money and valuables, but did not discover it, and did not bring about such intent, but did not take part in the attempted crime, and did not receive money and valuables from the above date to 06:45 on the same day, each victim’s money and valuables were stolen or stolen in the same way five times in total, as shown in the list of crimes.

After all, the defendant was sentenced to imprisonment not less than three times due to special larceny, etc., and again committed night structure intrusion larceny within three years after the execution of the last sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, D, H, and I;

1. CCTV video CDs;

1. Previous convictions: Criminal records, investigation reports (reports during the period of repeated crimes of suspects), personal confinement records, application of statutes governing judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the criminal facts, and the Aggravated Punishment, etc. of Specific Crimes, which are applicable to the specific crimes; and

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