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(영문) 서울북부지방법원 2019.05.16 2019고단1307
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On September 16, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Northern District Court (Seoul Northern District Court) for one year and six months, October 19, 2017, and on November 30, 2017, the Seoul Northern District Court sentenced to imprisonment with prison labor for three months and nine months, and completed the execution of the said sentence on January 15, 2019.

1. On March 23, 2019, the Defendant committed the crime of March 23, 2019, around 04:02, at the Seongbuk-gu Seoul parking lot, Seongbuk-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around 04:02, the Defendant: (a) placed a door in the D-wing and freight driver’s key hole parked by the victim C in advance; (b) opened and opened a door by repeatedly scaming under the above below; and (c) placed the victim’s market price in the said vehicle with KRW 290,000, in cash, KRW 500, and stolen it.

2. On March 25, 2019, the Defendant: (a) around 03:41 on March 25, 2019, on the road adjacent to the F exhibition Site located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) opened a H Poter Cargo Driving Track, parked by the victim G in the same manner as paragraph (1) and entered into the documents, and stolen a paper bag containing KRW 700,000 of cash in the victim’s possession in the document room; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and G;

1. Report on internal investigation (verification of the person suspected of being raised), CCTV photographs confirming the person suspected of being raised;

1. Investigation report (verification of the suspect's face to commit the crime on March 25, 199), CCTV photographs for the suspect in the course of committing the crime;

1. Scenic photographs of each site;

1. Application of Acts and subordinate statutes to criminal history records, investigation reports (the fact of repeated crime of a suspect and confirmation of the same kind of criminal record);

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 35 of the Criminal Act (i.e., “where a person is punished as a repeated crime” as part of the constituent elements of the crime, Article 35 of the Criminal Act is included in the pertinent Article, and the aggravation of repeated crimes does not vary).

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