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(영문) 서울동부지방법원 2021.03.19 2020고합404
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On July 16, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court at the same court on November 16, 2015, on April 19, 2016, and on May 11, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of larceny, etc. at the Seoul Eastern District Court at the same court at the same time on May 11, 2017, and on June 15, 2018, the Defendant was sentenced to imprisonment with prison labor for a year and six months for the same crime at the same court on August 26, 2019, and completed the execution of the sentence at the Ansan Prison prison on November 16, 2020.

[2] Around 01:00 on December 3, 2020, the Defendant, at the unmanned convenience store operated by the victim C, located in Gwangjin-gu Seoul Special Metropolitan City, stolen the Defendant with a set of money equivalent to KRW 30,000,000, the victim’s possession, who was in custody of a set of money above the Kabbbb B, and then stolen the Defendant’s property worth KRW 290,000,000 over five times in total, as indicated in the list of crimes, from around that time to December 2020.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and the victim's property was stolen during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, C, E, F, and G;

1. A report on the occurrence of a crime (thief), investigation report (in the event of field CCTV investigation-crime, specification of the crime), investigation report (Attachment of clothes and external features of the suspect), investigation report (specific description of the place where an additional crime is committed), investigation report (Attachment of CCTV photographs of the victim C-related CCTV), investigation report (Attachment of photographs of the victims); and investigation report (Attachment

1. Previous records: Application of investigation reports (the results of search of persons subject to investigation, attachment of results of search of prisoners), inquiry reports, criminal records, etc., investigation reports (the criminal records of the suspect and criminal records of the same kind and attachment of criminal records) and statutes;

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 as prescribed in the corresponding Act;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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