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(영문) 서울중앙지방법원 2019.11.27 2019고단5346
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 4, 2010, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at Seoul High Court on June 24, 2016, three years of imprisonment for the same crime at the Seoul Central District Court on June 24, 2016, one year of imprisonment for the same crime at the same court on November 2, 2016, and one year and six months of imprisonment for the same crime at the Seoul Western District Court on December 20, 2017, and completed the execution of the above final sentence on May 1, 2019.

On June 5, 2019, the Defendant: (a) removed and destroyed the window of a restaurant between the victim K in Jongno-gu Seoul Jongno-gu SeoulJ on June 5, 2019; (b) intruded into the following: (c) the victim removed and destroyed the window of the restaurant between his/her business and his/her retirement; (d) cut off KRW 100 foot, KRW 50,000, KRW 1,000, KRW 300, KRW 500, KRW 25,000, KRW 100, KRW 100, KRW 5,000, KRW 25,000, total of KRW 105,00.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and the defendant removed some of the windows of a structure at night during the period of repeated crime, damaged, and intruded on the structure managed by the victim, and stolen the victim's property.

On June 9, 2019, the Defendant: (a) around 02:12, 2019, the Defendant: (b) opened a building window in front of the “O” camera of the victim N in Jung-gu Seoul Metropolitan Government by hand; (c) intruded into the building windows by hand; and (d) stolen the cash amount of KRW 1 million owned by the victim who was in the credit cooperative of the internal accounting unit.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and violated the structure managed by the victim at night during the period of repeated crime, and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement K and N;

1. On-site identification reports and reports on results of genetic testing;

1. Sheet pictures of each photograph and CCTV-cape;

1. Previous convictions in judgment: References to criminal records and the application of statutes as a result of confinement of prisoners;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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