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(영문) 서울동부지방법원 2018.05.03 2018고단453
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Defendant 200

4. One year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the high military court of the Ministry of National Defense; on April 9, 2010, the Seoul Central District Court sentenced two years of suspension of the execution of one year of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court; on June 15, 2011, the Seoul Central District Court sentenced eight months of imprisonment with prison labor for an attempt to larceny at night, etc. on October 27, 2011, which became final and conclusive on October 27, 2011; on May 30, 2014, the sentence of the said suspension of the execution was invalidated; and on September 13, 2015, the Seoul Northern District Court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court of the Seoul Central District Court of the Republic of Korea.

1. On October 3, 2017, the Defendant committed the crime, around 01:50 on October 3, 2017, and infringed upon the victim D in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government’s “E secondhand shop” and opened a door of the unlocked depository and carried out a cash of approximately KRW 60,000,000, which is the cash owned by the victim.

2. On October 5, 2017, the Defendant committed the crime on October 23:2, 2017, at around 23:22, the victim G located in Seongdong-gu Seoul Metropolitan Government on the ground of “H secondhand shop”, which was operated by the victim G in Seongdong-gu, Seoul, and entered the gap between the upper floor door and the floor, and intruded with the office located in the second floor of the container stuff, and then stolen KRW 200,000,000,000,000 won, which was owned by the victim under his/her book.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Written statements of D;

1. A report on internal investigation and a report on internal investigation (to hear statements of victims);

1. On-site photographs (within the 2nd floor container office);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes as a result of screening prisoners;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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