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(영문) 서울북부지방법원 2016.03.16 2016고단161
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On December 5, 2003, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and two years and six months, respectively, for the same crime in the same court on July 19, 2007 at the Gwangju District Court, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 8, 201, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on April 8, 201, and completed the execution of the sentence in the wood prison on February 16, 2015.

[2] On May 24, 2015, around 00:47, the Defendant committed a theft or attempted to steals property worth KRW 13,316,930,00 in total over 45 times, as indicated in the daily list of crimes in the attached Table of crime, on the following grounds: (a) the Defendant had been in possession of the victim K, “L” restaurant operated by the Dong-gu, U.S., U.K; (b) damaged the glass of the toilet at the place; and (c) invaded into the toilet; and (d) stolen, with one imprisonment without prison labor equivalent to KRW 100,000,000,000, in cash owned by the victim; and (d) committed a theft or attempted to steals.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Each written statement of the Republic of Korea, N, P, P, Q, R, S, TPP, V, X, Y, AA, AB, AC, AD, AE, AF, AH, AI, AJ, AK, AK, AM, N, AP, AP, AP, Q, AS, AS, ATS, AU, AV, AW, AY, AY, AZ, BA, and BB;

1. WC and BD statements and certificates of investigation process related thereto;

1. Each protocol of seizure and the list of seizure;

1. Scenes of each on-site photograph and CCTV closures;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the judgment of the same type of crime, etc., confirmation of completion of execution of punishment, etc.);

1. Article 5-4 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes”), Article 330 of the Criminal Act (a crime of larceny of intrusion on a structure at night), Article 5-4 subparag. 5 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1) of the Criminal Act (a crime of special larceny for each repeated crime) regarding the crime, Article 5-4 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act (a crime of attempted larceny of a structure at night), and the aggravated punishment of specific crimes.

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