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(영문) 서울남부지방법원 2020.01.09 2019고합347
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On August 25, 2006, the Defendant was sentenced to imprisonment for four months with prison labor, one year and six months with prison labor for larceny, one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the same court on October 10, 207, and six months with prison labor for larceny at the same court on April 24, 2009; one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Daejeon District Court on December 22, 2009; two years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Gwangju District Court Branch Branch on September 25, 2012; on September 24, 2015, from the same court on May 27, 2016 to a prison on July 17, 2016.

【Criminal Facts】

1. On June 12, 2019, around 15:28, the Defendant: (a) laid off a mobile phone located in Yeongdeungpo-gu Seoul Metropolitan City bus stops in the Yeongdeungpo-gu bus stops; (b) laid off the victim D’s seat beside the passenger seat by leaving the passenger seat; and (c) cut off the cell phone located in the victim’s abundance by taking off the cell phone located in the victim’s abundance; and (d) cut off the cash of KRW 84,000, which was stored in the cell phone case, and stolen it.

2. At around 06:40 on May 30, 2019, the Defendant opened a cash withdrawal machine located in a string, the main business owner of the Victim G, located in the F store located in the Yannam-gun, Yannam-gun, and stolen the cash withdrawal of KRW 10,000,000, which was kept in custody.

Accordingly, the defendant was sentenced to punishment twice or more for larceny, and habitually stolen another's property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police in relation to G.

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