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(영문) 서울중앙지방법원 2019.07.12 2019고합389
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual larceny at the Seoul Central District Court on August 14, 2016 and ten months of imprisonment with prison labor for habitual larceny at the Seoul Central District Court on August 10, 2017, and on May 4, 2018, the Seoul Central District Court sentenced one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on February 18, 2019 and was sentenced on at least 20 occasions of the same criminal act.

At around 15:05 on March 20, 2019, the Defendant habitually cut off D stores managed by the victim C in the fifth floor of the building B in Jung-gu Seoul, Jung-gu, Seoul, with 128,000 won of verification coloring sports and 128,000 won of market price.

As a result, the Defendant was sentenced to punishment twice or more for larceny, and habitually stolen property again was stolen within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation (Inspection of CCTV images at the scene of occurrence);

1. CCTV images CDs or damaged photographs;

1. Records of judgment: Criminal records, etc. inquiry reports (E) and the defendant and E are the same person;

The Defendant’s fingerprinted his/her fingerprint number in his/her criminal history report and his/her fingerprinted during the prosecution investigation stage, and the Defendant stated that, at the time of the Korean War, his/her parents were separated from his/her parents at the time of the 6.25 War, he/she was adopted to both B and B, and that he/she resided in E until 1980, he/she was able to find his/her pro rata family

References to criminal records, etc.(A), investigation reports (a), confirmations during the period of repeated crimes and attachment of criminal records of the same kind of criminal suspect), investigation reports (attached to the E-like military records, which are the same suspect).

1. Habituality of the holding: Larceny in light of the fact that each crime history, method of crime and the same kind of crime in the holding are repeated within a short time after the execution of the sentence is completed;

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