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(영문) 서울중앙지방법원 2019.10.25 2019고합657
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2009, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court, and four years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court on July 17, 2012, and on September 20, 2016, the Defendant was sentenced to three years for a punishment for habitual larceny, etc. at the Seoul Central District Court on September 20, 2016, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on July 1

【Criminal Facts】

1. Around 10:00 on July 22, 2019, the Defendant: (a) opened a gate at the victim’s house in Dongjak-gu Seoul Metropolitan Government, and entered the victim’s house, thereby promptly entering the parking lot; and (b) stolen the market price of the above victim’s possession with one verification brode, one, and one double-end, one, from which the market price on the victim’s ownership is unknown.

2. On July 22, 2019, at around 10:30, the Defendant: (a) opened a gate at the victim’s house located in Dongjak-gu Seoul Metropolitan Government, and cut off with one panty line equivalent to KRW 15,000, and one panty line equivalent to KRW 3,000, all of which were the victim’s house located in Dongjak-gu, Seoul.

3. At around 11:00 on July 22, 2019, the Defendant: (a) opened a opening of the entrance door in D, which was located at the victim E’s house located in Dongjak-gu Seoul Metropolitan Government; and (b) cut off with the sum of KRW 7.50,000,000, the Defendant used to enter the said victim’s house.

As a result, the defendant was sentenced to punishment twice or more for larceny, and habitually commits larceny within three years after the execution of the punishment is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Seizure records;

1. Each investigation report and investigation report (related to the first larceny victim);

1. Seized objects and photographs;

1. Previous convictions in judgment: references to criminal records, references to criminal records (A), investigation reports (verification reports of criminal records of suspects A), and

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