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(영문) 서울중앙지방법원 2018.10.05 2018고단3758
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

1. On March 14, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Western District Court, ten months of imprisonment with prison labor at the Seoul Western District Court on November 28, 2014, and one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on November 22, 2016, and the execution of the final sentence was completed in the lawsuit of the first intersection of the North Western Northern Branch on September 27, 2017.

2. Criminal acts;

A. On June 9, 2018, at around 01:00 to 04:30, the Defendant discovered that the key to the 31st floor of the victim D is posted at the 31st floor or the surface of the water room located underground of the building B in Jung-gu Seoul Metropolitan Government, and stolen the two copies of cash 50,000 won in cash and cash 10,000 won in cash, following the clothes of the victim.

B. On June 10, 2018, at around 10:02, the Defendant collected the key to the clothes of the victim E, the head of the victim E, who was divingd in C Saw or the water surface room located in the place specified in paragraph (1) of this Article, and stolen them by using the key, with two copies of KRW 50,000,00 in cash owned by the victim and holding two copies of the right of KRW 50,00 in cash located in the wall in the victim’s wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Written statements of D;

1. Police seizure records, list of seizure, and evidence of seizure;

1. Screening of confiscated cash, investigation report (CCTV verification and investigation report), investigation report (CCTV re-verification and investigation report), investigation report (related to the investigation of 10,00 won cash confiscated to the suspect), and investigation report (to hear the statement of C private person or staff); and

1. Records of the judgment: Investigation report (related to the change of the name of a crime), investigation report (report on the same criminal records and file of a criminal suspect), investigation report (verification report related to a criminal suspect and the date of completion of punishment), inquiry about criminal history and application of Acts and subordinate statutes;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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