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(영문) 서울중앙지방법원 2020.10.16 2020고합721
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

A small cuter (No. 1), a dives (No. 2), a dives (No. 2), seized.

Reasons

Punishment of the crime

On May 3, 2007, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court. On October 8, 2010, the Defendant was sentenced to three years and six months of imprisonment with prison labor for the same crime in the Seoul Southern District Court on September 26, 2014, three years and three years of imprisonment with prison labor for the same crime in the Seoul Southern District Court on October 6, 2017, and completed the execution of the sentence in the Seoul Southern District Court on July 6, 2020.

At around 00:01 on July 7, 2020, the Defendant habitually stolen property worth KRW 1,156,400,000 in total from around 10 times until August 21, 2020, and attempted to steals property over four occasions in total, on the following occasions: (a) the victim C, which was located in a place where no person who manages the site at night, was inside the construction site in another place; (b) one cuter equivalent to KRW 10,000,000 in the market price; (c) one cuter in a size equivalent to KRW 10,000,000 in the market price; and (d) one cuter in a size equivalent to KRW 10,000 in the market price; and (d) one cuter in a loss equivalent to KRW 10,000 in the market price.

As a result, the defendant was sentenced to imprisonment with prison labor or more habitually by larceny, etc., and again committed at night buildings, larceny, etc. within three years after the execution of the above sentence is completed.

Summary of Evidence

1. Protocol concerning the suspect examination of the accused in court;

1. Each police statement of D, E, F, G, H, I, J, K, L, M, and N’s police records, internal investigation reports (victimO telephone conversation - victim I statement) and investigation reports (related to the amount of damage);

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (Attachment of criminal records and criminal records of the same kind of suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing a theft and dampness in light of the fact that a person recommits the same kind of crime within a short time after the execution of each criminal history, method of crime and the same kind of punishment in the judgment;

1. Criminal facts;

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