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(영문) 서울중앙지방법원 2020.09.24 2020고합500
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On June 10, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) at the main district court of Chuncheon on June 10, 2008; ten months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daejeon District Court on July 1, 201; one year and six months from imprisonment with prison labor for the same crime at the Seoul Central District Court on November 30, 201; three years from imprisonment with prison labor for the same crime at the Jung District Court on June 14, 2013; one year from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and the execution of the sentence was terminated on September 8, 2017 by a Central District Court of Seoul on January 25, 2019.

【Criminal Facts】

1. On May 30, 2020, the Defendant: (a) around 15:52 on May 30, 2020, at “C within Jongno-gu Seoul Jongno-gu Seoul,” the Defendant: (b) abused another’s property with 14 k gold bars equivalent to the market price of 350,000 won where the victim D was in the display stand by taking advantage of the gaps in which surveillance was neglected by the victim D’s response to other customers.

2. On June 10, 2020, at around 18:16, the Defendant: (a) as if he were to purchase Bans from the “H” precious metal store located in the first floor F of the building of Jongno-gu Seoul, Jongno-gu, Seoul; (b) asked the victim to see whether he would be against the victim; and (c) then, the victim, who was locked, was placed in the display stand, one of the 14K gold Bans worth KRW 700,000,000 in the market price of the victim’s possession, which was located in the display stand, and habitually stolen another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. On-site report (on-siteCC-TV video recording), - Each photograph (on-line 3.7), - photographic (on-line 3.7), photographic of the damaged and the place of crime, photographic of the damaged and the place of crime, internal report (related to the victim’s statement), internal report (on-siteCCTV image verification), -CCTV photograph by capturing

1. Criminal records as indicated in the judgment: Each criminal record, etc. inquiry report (A), the current status of acceptance of each individual, the previous dispositions and report on results of confirmation, and attachment of written judgments;

1. Habituality of the ruling: Each criminal history, method of crime, frequency of crime, as stated in the ruling.

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