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(영문) 인천지방법원 부천지원 2020.01.16 2019고단3418 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

The punishment of the accused shall be determined by two years of imprisonment.

Of the prosecution of this case, it is a theft of cash owned by the victim B.

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspension of execution due to night, intrusion, larceny, etc. in the Incheon District Court’s Branch on January 12, 2017; on April 28, 2017, the Incheon District Court sentenced 1 year of imprisonment with prison labor for special larceny, etc.; 2 years of suspension of execution; and on December 6, 2018, the Defendant was sentenced to 1 year of imprisonment with prison labor for special larceny, etc. in the Incheon District Court’s Branch on December 6, 2018, and completed the execution of the sentence

1. On September 14, 2019, at around 04:30 on September 14, 2019, the Defendant collected one of the windows from the main room of the above restaurant in a 'E' restaurant operated by the victim D in Seocheon-si, Seocheon-si, by damaging the windows from the main room of the restaurant in an unlawful way, and intrusion into the inside, and thereby gathering approximately KRW 100,000, which is the ownership of the victim.

2. At around 21:50 on September 17, 2019, the Defendant: (a) opened a window with the house of the victim G located in Seocheon-siF, which had not been corrected from the kitchen; and (b) intruded to the inner bank, the Defendant collected approximately KRW 1,500,000,000 in cash, which is the ownership of the victim, and USD 240,000 in the market price, which includes USD 1,50,000 in cash, and approximately KRW 258,00 in cash, and KRW 20,00 in cash.

As above, the Defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and again stolen another’s property during the repeated crime period.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning G;

1. Written statements of D;

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

1. An investigation report (the analysis of CCTVs in the case of female-related crimes on September 17, 2019) and screen pictures after the closure of CCTV images attached thereto;

1. An investigation report (the CCTV analysis 2nd on September 17, 2019) and the screen screen by cutting off the CCTV images attached thereto;

1. Reports on internal investigation, and photographs attached thereto;

1. Reports on internal investigation (E damage amount);

1. A report on the results of field identification;

1. A written request for appraisal;

1. Photographs of each scene of crime;

1. Each seizure.

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