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(영문) 서울중앙지방법원 2021.03.19 2020고합793
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal record] On January 8, 2008, the defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 19, 2010; four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 19, 201; three years of habitual larceny at the Daegu High Court on July 16, 2015; and on October 12, 2018, the defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on June 29, 202 and completed the execution of the sentence at the Port Office on June 29, 20

[Criminal facts]

1. On August 13, 2020, at around 15:59, the Defendant called “F” in the “F” of the “F of the D shop E operated by the victim C in Jongno-gu Seoul, Jongno-gu, Seoul, stating that “I am to donate to women’s friendship,” and subsequently, the victim’s market price in the display stand where the victim’s surveillance was neglected, which was located in the display stand where the victim’s supervision was neglected, brought about one gold 18 K mp in an amount equal to KRW 3.2 million. On August 28, 2020, the Defendant want to have two mpbs to female-friendly women in the “J” of the I commercial building operated by the victim H in Busan-gu, Busan, Busan, as of August 13:53, 2020.

After the victim’s statement, the victim’s market price at KRW 2,745,00, which was located in the display stand where the victim’s surveillance was neglected, was stolen by taking one 18K gold boom in the market price of KRW 2,745,00. Accordingly, the Defendant was habitually sentenced to larceny at least twice and the execution of his/her punishment was completed, and the Defendant was habitually punished by larceny within three years.

Summary of Evidence

1. Statement of the defendant in the first trial protocol prepared by the defendant in the court room;

1. A protocol concerning the examination of suspect of the police to K;

1. C’s written statement, H’s written report on internal history (related to the statement of a victim), images of damaged articles inside the scene of the crime, images of the theft face, e-mail card transaction statement, e-mail report (Analysis, etc. of CCTV image data submitted actually), internal history report (e-mail tracking, etc.), internal history report (L CCTV image data verification, etc.);

1. The records of the offence in its holding:

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