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(영문) 서울동부지방법원 2017.06.15 2017고단1285
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On September 7, 1995, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny at the Gwangju District Court on October 2, 1998, and was sentenced to one year and six months of imprisonment with prison labor for special larceny at the Daejeon District Court on May 22, 2002; on January 28, 2005, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes; on August 25, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on July 25, 201, and completed the execution of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).

[2] On March 11, 2017, at around 12:10, the Defendant: (a) completed the process in the receipt stand of “D” wedding hall located on the first floor of the Songpa-gu Seoul Special Metropolitan City building C, Songpa-gu Seoul Special Metropolitan City, as if he was the cause of the receipt of the stable; and (b) made a theft with two plastic bags containing a total of KRW 800,000,000, cash, which is the victim E-owner, a fluent fluent flus.

From that time until April 16, 2017, the Defendant stolen 16 bags of stables containing cash of KRW 2,700,000 from that time to that of April 13:30, 201, respectively, by the following methods:

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each statement of G, H and I;

1. Investigation report (investigation of CCTV at the scene of occurrence, verification of CCTV at the scene of crime, perusal of J CCTV, and arrest or investigation of suspects);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports ( Results of search of prisoners);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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