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(영문) 서울중앙지방법원 2019.07.12 2019고합229
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The facts charged were partly corrected or revised according to facts obtained through the examination of evidence to the extent that it does not materially disadvantage the defendant's defense right.

[criminal power] On August 25, 2009, the Defendant was sentenced to three years and six months to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court, and completed the execution of the sentence in the original prison on November 18, 2012. On March 25, 2015, the Seoul High Court sentenced three years to a habitual larceny, and completed the execution of the sentence in the third North Korean Prison on June 2, 2017. On March 23, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor at the Busan District Court as a stolen property acquisition and on December 12, 2018.

【Criminal Facts】

On February 5, 2019, the Defendant: (a) around 06:59, around 06:59, 4509, the subway lines 4 lines in the Sinpo-si B, Sinpo-si; (b) used the gaps in which the victim D was seated and was divingd, with approximately KRW 1,056,00,00 of the market price of the victim’s possession that the victim was in his/her seat; and (c) carried out five cell phoness in total at least five times from the date to the 21st day of the same month, including the list of crimes Nos. 1,3,55,56,6, and 7.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each statement made to D and F;

1. Each statement of G and H;

1. Each investigation report (the sequence 7, 28, 45, 51, 58 of the evidence list);

1. Indication of the lost mobile phone location channel (Evidence 42);

1. Previous convictions in judgment: Residents' inquiry;

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