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(영문) 서울중앙지방법원 2019.05.09 2019고합119
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On January 23, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court (the Act on the Aggravated Punishment, etc. of Specific Crimes) and completed the execution of the sentence on July 17, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny in the same court on January 5, 2017 through a review on the above judgment. On January 28, 2016, the Defendant was sentenced to one year and two months of imprisonment for habitual larceny in the same court on January 28, 2016, and was sentenced to one year and two months of imprisonment for habitual larceny and completed the execution of the sentence on September

【Criminal Facts】

While the Defendant lacks the ability to discern things or make decisions due to the increase in the military register, which is due to the decline in shocking the impulse capacity, on October 16, 2018, the Defendant carried out the following methods: (a) on October 16, 2018, with a total amount of KRW 40,16,000 on 17 occasions in total, as shown in the attached Table of Crimes, from the “F” store managed by the victim E located in the Seoul Gangnam-gu Seoul Metropolitan Government Section C department D, using the gaps in which the employee’s surveillance was neglected; (b) brought about the bamboo stuff 1,00 won at the display stand; and (c) from that time until January 14, 2019, the Defendant carried out the said method with an object of KRW 35,500,00 in total, as indicated in the attached Table of Crimes.

As a result, the defendant was sentenced to punishment twice or more habitually due to habitual larceny, etc., and again stolen the victims' property within three years after the completion or exemption of the execution.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. Each protocol of seizure and the list of seizure;

1. Each report on the occurrence of internal accidents, reports on internal accidents (the analysis of CCTVs at the scene of crimes), reports on internal accidents (the confirmation of CCTVs at the scene of crimes) and reports on internal accidents (the confirmation of CCTVs at the scene of crimes);

1. One CD, each CD, such as photograph of each crime, CCTV analysis on the scene of a crime, photograph of each damaged product, CCTV-cape photograph, and one copy of the CCTV image verification on December 18, 2018;

1. A medical certificate;

1. Previous records: Each reference to criminal records, current status of acceptance by each individual, and a copy of each judgment;

1. Judgment.

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