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(영문) 서울동부지방법원 2019.09.18 2019고단2232
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized computer copies (B-4, No. 9) shall be returned to the victim B.

Reasons

Punishment of the crime

On December 27, 2013, the Defendant sentenced two years and six months to imprisonment with prison labor for night building intrusion, theft, etc. at the Chuncheon District Court on December 27, 2013; on November 3, 2016, the Seoul Eastern District Court sentenced ten months to imprisonment with prison labor for night building intrusion, larceny, etc. at night; on September 22, 2017, the Seoul East Eastern District Court sentenced one year to imprisonment with prison labor for special larceny, etc. at the Seoul East Eastern District Court on July 25, 2018.

On May 3, 2019, the Defendant: (a) went into an officetel site located in Gwangjin-gu Seoul Special Metropolitan City on May 02:0, 2019; (b) stored the body with the entrance board of the building at the construction site in Seoul Special Metropolitan City, and stored in the office of the first floor; (c) stored one computer body, one computer monitor, one horse and one kid, and stolen them, from that time until July 3, 2019, the Defendant stolen the property amounting to KRW 3,200,000,000 in total at night, as shown in the list of crimes in attached Form 3:35.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to night building intrusion, theft, etc., and the defendant invadedd a structure at night during the period of repeated crime and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, and G;

1. Report on internal investigation (victim B telephone communications) and report on internal investigation (CCTV verification);

1. Records of seizure and photographs of seized articles;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning inquiry reports and personal confinement status;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes among repeated offenders can be deemed as a special provision on aggravation of repeated crimes prescribed in the Criminal Act, and there may be problems in double evaluation, and considering the purport of Supreme Court Decision 2004Do1556 Decided May 14, 2004 regarding Article 3 of the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes, re-inform of repeated crimes under Article 35 of the Criminal Act is illegal.

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