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(영문) 서울중앙지방법원 2019.05.01 2019고단1187
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On April 25, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Seoul Central District Court, which was sentenced to six months from March 26, 2015, and was sentenced to one year of imprisonment with prison labor for habitual larceny at the Seoul Western District Court’s Sungnam Branch on July 12, 2017, and completed the execution of the sentence on March 1, 2018.

【Criminal Facts】

1. On December 1, 2018, at around 14:42, 2018, the Defendant: (a) placed the victim D on the second floor in a store located in Gangnam-gu Seoul Metropolitan Government B, into his own bank; (b) cut off a 1,000,000 won of the market price at which the victim D was in management and sale (it refers to the “C” located in the second floor of Gangnam-gu Seoul Metropolitan Government B; and (c) cut off the 1,000,000 won of the market price.

2. On December 31, 2018, around 15:16, 2018, the Defendant: (a) placed the victim G in a “F store located in Gangnam-gu Seoul Metropolitan Government E, in a 2,000,000 won, at the market price of “F store” in which the victim G was under the management and sale of the victim G, and stolen the 1,000,000,000 won by inserting it in his/her own bank.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and again stolen another's property within three years after the execution of the final sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of each victim of D or G;

1. Records of seizure, list of seizure, and photographs of the site of seizure;

1. Four copies of a report on internal history (SCCTV image recording) and a photograph;

1. Six copies of the investigation report (F internal closed-circuits (CC video records verification), photographs;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (suspects' previous records and confirmation of judgment), and application of Acts and subordinate statutes to report criminal investigations;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, each of the relevant provisions of the relevant criminal facts, and Articles 329 and 35(1)5(5) of the Criminal Act, Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, shall be deemed special provisions concerning aggravation of repeated crimes as stipulated in Article 8 of the Criminal Act. Thus, in this case

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