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(영문) 서울북부지방법원 2019.03.29 2018고합515
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On June 27, 1996, the Defendant was sentenced to a summary order of one million won as a fine for larceny at the Seoul Eastern District Court. On April 1, 1999, the Seoul Northern District Court sentenced six months of imprisonment with prison labor at the Seoul Northern District Court, April 18, 200, the Seoul Northern District Court sentenced ten months of imprisonment with prison labor for the crime of attempted larceny, etc. on September 14, 200, the Seoul East East District Court sentenced two years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on October 18, 2012, and completed the execution of the sentence on February 14, 2018.

【Criminal Facts】

1. On November 18, 2018, at around 10:10 on November 18, 2018, the Defendant, at D operated by the victim C in Dobong-gu Seoul Metropolitan Government, stolen one of the unclaimed rooms in the market price, where the said victim was placed in the line by making use of the cresh of the toilet in which the said victim was shotd, and 280,000 won in cash owned by the said victim.

2. On November 18, 2018, at around 11:49, the Defendant came to a G operated by the Victim FF in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and came to open and cut off a transparent plastic bag installed at the entrance of the said victim at a locking place, and entered the door, and then cut it with a market merchandise amounting to KRW 2,60,000, market price of the said victim’s cash owned by the said victim, two head of H Bank, one one head of I Bank, one one of one resident registration certificate, and one verification-style female bamboo bag amounting to KRW 60,000, market price of which is located in one resident registration certificate.

As a result, the Defendant was sentenced to the punishment twice or more for the habitually violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the habitual larceny, and again committed the larceny crime twice within three years after the execution of the punishment was completed.

Summary of Evidence

【Criminal Facts against Victims C】

1. Partial statement of the defendant (as of the second trial date);

1. C.

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