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(영문) 서울동부지방법원 2020.10.22 2020고단2807
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 March 26, 2002, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul District Court on June 9, 2003; imprisonment with prison labor for one year and six months; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on February 28, 2005; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on January 28, 201; two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on May 29, 2015; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on May 26, 2015; and imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. at the Seoul Central District Court on May 26, 2019.

【Criminal Facts】

On September 25, 2019, after the Defendant was released from the Jeonju prison on September 25, 2019, the Defendant stolen a bicycle for the purpose of preparing living expenses, etc., taken away a stolen bicycle, and returned to the city in Seoul, and committed an attempt to steals the cryp, etc. against the players, who were dumped while under the influence of alcohol during the late night time.

On May 2, 2020, the Defendant: (a) on the road near the road basin located in 1477 as the two sides of Gangdong-gu Seoul Metropolitan Government; (b) on the road in front of the road basin; (c) on the market price of the non-rected victim’s ownership in the unrectious name, took off one set of 300,000 SOLO bicycle; and (d) around that time, from around August 5, 2020 to around that time, stolen the victims’ property at a total of five times, such as the list of crimes, in Seoul Metropolitan City.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victims' property within three years after the execution of the sentence.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. A photograph of each CCTV course;

1. Data on replies, such as the results of field DNA identification;

1. The investigation report (the photographing of any seized article);

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