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(영문) 서울남부지방법원 2020.09.17 2020고합367
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 September 21, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by the Incheon District Court on May 13, 2018, and completed the execution of the sentence. On December 6, 2018, the Seoul Southern District Court sentenced two years of imprisonment for the same crime at the Seoul Southern District Court, and completed the execution of the sentence at the Net Prison on July 1, 2020.

【Criminal Facts】

On July 13, 2020, the Defendant, at around 20:45, 200, stored “C” clothes in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as an employee, stored a place in order for the victim D to put the toilet into the room by using the crepan in order to put the toilet, and cut off the fluor of the amount equivalent to KRW 59,000 at the market price of 59,00,000 at the location where he had been in the room, and cut off the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor

As a result, the Defendant was sentenced to punishment twice or more due to larceny, and subsequently stolen the victim’s property again within three years after the execution of the sentence was completed.

Summary of Evidence

1. A criminal investigation report (related to recovery of damaged goods), a criminal investigation report (Listening to the victim's statement), and CCTV CDs in investigation reports (CCTV investigation);

1. Previous convictions in judgment: Criminal history records, return on internal investigation (verification of records of confinement of a suspected suspect), report on internal investigation (verification of results of search of a suspected suspect), investigation report (Attachment to A-class judgment, etc. of a suspect), investigation report (Attachment to A-class judgment, etc. of a suspect), and investigation report (Attachment to A-class judgment of a suspect);

1. Habituality: In addition to the records of each of the crimes in the judgment, the Defendant was punished ten times by imprisonment with prison labor from around 1995 to imprisonment with prison labor, a suspended sentence and a fine, respectively. In particular, from around 2000, the Defendant was punished eight times as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and the Defendant completed the execution of punishment.

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