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(영문) 서울중앙지방법원 2019.05.10 2019고합114
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On January 14, 2004, the Defendant was sentenced to imprisonment with prison labor for 2 years from the suspension of execution to 8 months from the date of night building intrusion upon structure, larceny, etc.; imprisonment with prison labor for special larceny in women's branch court of Suwon District Court on December 16, 2004; three years from May 18, 2006; imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in women's branch court of Suwon District Court on May 18, 2006; three years from June 18, 2009; imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and imprisonment with prison labor for 3 years and 6 months from the Suwon District Court on July 11, 2012.

In addition, on June 9, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for habitual special larceny in the Suwon District Court's Pyeongtaek District Court's Eunpyeong site, and completed the execution of the above punishment on January 10, 2019.

【Criminal Facts】

At around 23:51 on January 10, 2019, the Defendant, in front of the “D” restaurant operated by the victim C in Seocho-gu Seoul Metropolitan Government, destroyed the above restaurant entrance by breaking it several times, and subsequently, the Defendant, in his hand, stolen the cash amount of KRW 242,00 on five occasions from around that time to January 12, 2019, after having entered the restaurant, from the cash set at the cash set at the above victim’s opening, and cutting off the cash amount of KRW 242,00,000 owned by the said victim.

As a result, the defendant was sentenced to punishment on more than two occasions for larceny, and habitually stolen the property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, F, G, and H;

1. Each photograph (Nos. 10, 13, 16, 18 through 20 of the evidence list);

1. Images related to the CCTV images on the suspect A's crime scene, and the I's coffee store;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. In relation to the attachment of photographs of the J Burial entrance doors which have been damaged and reported to each investigation, the investigation of video images of closed-circuit CCTV images, site and CCTVs at the scene of a crime committed by a suspect A;

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