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(영문) 서울중앙지방법원 2016.09.23 2016고합847
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On April 9, 2010, the Defendant was sentenced to a summary order of KRW 500,000 as a fine for larceny; on October 21, 2010, the Defendant was sentenced to a suspension of the execution of imprisonment for six months at the Seoul Northern District Court; on April 26, 2012, the Defendant was sentenced to a suspension of the execution of imprisonment for larceny, etc. at the Seoul Northern District Court; on October 31, 2012, the Seoul Northern District Court was sentenced to a suspension of the execution of the sentence; on September 4, 2013, the Defendant was sentenced to a suspension of the execution of imprisonment for four months; on September 4, 2013, the Seoul Northern District Court was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court; on April 23, 2015, the Defendant was sentenced to a suspension of the execution of the sentence from the prison on February 13, 2016.

[Criminal facts] On July 31, 2016, around 23:50 on July 31, 2016, the Defendant went into the fifth floor lecture room of the “D” private teaching institute located in Gangnam-gu Seoul Metropolitan Government, with a entrance opened, and went into the two North Koreas of the victim E, who was located on the table of the lecture room, with a unit of KRW 790,000, the market price of the victim E, which was located on the table of the lecture room.

The Defendant habitually stolen the property worth KRW 6,090,000 in total over 11 times from April 10, 2016 to August 1, 2016, as shown in the list of crimes in the attached Table, including this, from around April 10, 2016 to around August 1, 2016.

As a result, the defendant was sentenced to two or more penalties for larceny and was habitually invadedd with a structure at night within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Each statement prepared by E, F, G, H, I, J, K, L, M, and N;

1. A report on the occurrence (thief), photograph of a suspect, photograph of a suspect, photograph of a damaged object, investigation report (the confirmation of CCTV at the scene of the occurrence and tracking of a suspect), CCTV-related suspect movement route, investigation report (the confirmation of bus CCTV on a suspect), investigation report (the confirmation of bus cards used by a suspect), investigation report (the confirmation of a suspect's bus card), seizure warrant reply, investigation report (the investigation, investigation, etc. around the wife of a suspect).

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