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(영문) 서울중앙지방법원 2020.10.14 2020고합659
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On December 23, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on March 21, 2013, and three years of imprisonment for the same crime in the same court on March 21, 2013, and on June 16, 2016, the same court sentenced two years of imprisonment for the same crime and completed the execution of the sentence on May 12, 2018. On September 14, 2018, the same court was sentenced to two years of imprisonment for the same crime and completed the execution of the sentence on June 17, 2020.

【Criminal Facts】

1. At around 12:10 on July 16, 2020, the Defendant: (a) committed a theft by using the gap in which the victim B was divingd in the front line vehicle of subway No. 1, the subway No. 125 located near the main base of the Michuhol-gu Incheon, Michuhol-gu, Incheon, by laying a bank above the top line; and (b) by using the gap in which the victim B was located in the front line of the subway No. 1, the victim’s possession, one cash, 10,000 won, one resident registration certificate, one resident registration certificate, and a hump equivalent to the market price of KRW 80,000,000, as one’s own possession; and (c) by putting it out from the main base of the subway No. 1, the Defendant stolen

2. On July 18, 2020, the Defendant: (a) took advantage of the gap in which the victim C was locked in a subway line 1,70,000 won in cash, which is the victim’s ownership; (b) 1,70,000 won in lot; (c) 10,000 won in lot; and (d) 1,00,000 won in market value, which includes a resident registration certificate, and one hundred and seventy thousand,00 won in middle East East Line 632, Seocheon-si, Seocheon-si, Seocheon-si, 632, and was stolen from the middle East Line.

As a result, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen victims' goods were stolen within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. B written statements;

1. Each report on damage (the sequence 2, 14 of the evidence list);

1. A criminal investigation report (CCTV image verification case), and a report on internal investigation (a report confirmation case);

1. A CCTV image closure photograph;

1. Previous convictions in the judgment: the current status of the expropriation by individuals (A);

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