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(영문) 인천지방법원 2018.06.11 2018고단2133
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On May 10, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Seoul Central District Court on May 10, 2013, and was sentenced to six months of imprisonment with prison labor for larceny, etc. at the same court on August 12, 2015, and on December 1, 2016, the same court was sentenced to one year and two months of imprisonment with prison labor for larceny and completed the execution of the sentence on December 5, 2017.

1. On March 1, 2018, at around 19:50 on March 1, 2018, the Defendant: (a) creshed the victim D operation “E restaurant” located in Bupyeong-gu Incheon Metropolitan City, where the victim’s surveillance was neglected; (b) brought 100,000 won in cash owned by the victim.

2. On March 3, 2018, at around 19:25, the Defendant brought to the following: (a) the victim G operation “H” located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, where the victim’s surveillance was neglected; (b) the victim was suffering from the outside sales stand in the store; (c) the cash and gift certificates owned by the victim and gift certificates owned by the victim, which included the total amount of KRW 740,000.

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3. On February 27, 2018, around 18:20, the Defendant stolen the victim’s cash amounting to KRW 68,000 and KRW 10,000,000, which the victim J was placed before the upper point of the above distance, and the corporate bank’s physical cream card at KRW 10,000, respectively.

Thus, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen the property owned by the victims three times in total during the period of repeated crime.

Summary of Evidence

§ 1 and 2 of the holding

1. Statement by the defendant in court;

1. G statements;

1. A report on occurrence (the thief No. 13);

1. Nine copies of a report on internal investigation (to be accompanied by the CCTV image, witness’s statement), and a photograph of CCTV-cape;

1. Three copies of a investigation report (3.1. 2. 2. 2. 2. 2. 2. 1. 2. Doese CCTV images).

1. Previous convictions indicated in the judgment: Three crimes of replys to inquiries, such as criminal history, investigation reports (in cases of attachment of results of search by prisoners), and investigation reports (in cases of confirmation of the same kind of records);

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photograph CCTV images of I merchants.

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