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(영문) 서울남부지방법원 2018.05.11 2018고단507
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

Punishment of the crime

On July 14, 2010, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court. On May 23, 2013, the Seoul Southern District Court was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 28, 2016, the Seoul Southern District Court was sentenced to one year and six months of imprisonment for special larceny, etc. and completed the execution of the sentence on August 23, 2017.

On January 25, 2018, at night, around 02:25, the Defendant: (a) placed a cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government “D” restaurant; (b) placed a cafeteria in the next key hole to the cafeteria; (c) damaged the cafeteria by means of opening the cafeteria; and (d) placed the inseminator in the cafeteria; and (c) used the 50,000 won in cash owned by the victim E, 3, 10,00 won, 9, 5,000 won, 3, 1,000 won in cash owned by the victim E; and (d) stolen the 40,000 won in total.

As a result, the Defendant was sentenced to imprisonment more than three times with prison labor for larceny, and again committed the larceny of structures at night during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A criminal investigation report (suspecting, etc. of suspect moving routes);

1. A criminal investigation report (to attach photographs, such as uniforms worn at the time of committing a crime);

1. Previous convictions in judgment: Inquiry about criminal history, one-time protocol of interrogation of the accused, report on investigation (Attachment of judgment related to the history of larceny crimes), and application of Acts and subordinate statutes to the status of personal confinement;

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;

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