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(영문) 서울남부지방법원 2018.03.16 2018고합36
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for five years.

Part 1 (No. 4) of the seized resume, Part 7 (A) of the resident registration, and Part 5 (No. 5) of the resident registration.

Reasons

Punishment of the crime

[criminal history] The contents of the official residence were appropriately revised.

On September 25, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 7, 201, and completed the execution of the sentence at Daejeon Prison on August 7, 201, and on April 19, 2012, the Seoul Southern District Court sentenced five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on April 19, 2012, and was sentenced to a new trial on June 24, 2016 after being sentenced to a decision of unconstitutionality under the above provision of the Act, and was sentenced to five years of imprisonment with prison labor for habitual larceny at the Seoul Southern District Court on February 4, 2017, and completed the execution of the sentence at the Incheon District Court on several occasions

[Criminal facts] The Defendant, at around 13:40 on November 16, 2017, employed the victim D’s convenience store in Yeongdeungpo-gu Seoul Metropolitan Government as a part-time employee in disguised employment, and 2,000,000 won in cash owned by the victim within the convenience store credit cooperative of convenience store using gaps in which the victim’s surveillance was neglected.

In addition, from around that time to January 15, 2018, 11,56,850 won in total, were habitually stolen by the following methods: (a) from around that time to around September 15, 2018, the total amount of property owned by the victims was at least 1,56,850 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, G, D, H, I, J, K, L, and M;

1. Police seizure records and list of seizure;

1. Each police investigation report, internal investigation report, and report on occurrence (the list Nos. 3, 6, 8, 23, 28, 33, 36, 39, 41, 43, 45, 47, 53, 56, 59, 66, 70-74);

1. Sponsorics, etc. of each CCTV image (Evidence Nos. 4, 18, 20, 24, 29, 34, 54, 68), photographs of seized articles, receipts, and photographs of damaged articles;

1. A report on the results of field identification;

1. Previous convictions: A written inquiry about criminal history, a criminal investigation report by the prosecution (report, such as the identity and confirmation of the suspect), each written judgment and personal confinement status;

1. Habituality of the holding: The records of each of the crimes in the holding, the method and frequency of the crimes, and the same kind of crime within the short period after release.

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