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(영문) 수원지방법원 성남지원 2018.04.26 2017고합273
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On May 20, 2004, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Central District Court on January 11, 2007, for the same crime on December 18, 2009 and three years and six months, April 3, 2015, and completed the execution of the final sentence on March 5, 2017.

1. On October 28, 2017, the Defendant intruded into “D” stores located in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City on October 28, 2017, and carried out one Nowon-gu, 500,000 won in cash and one finger-si (market price of KRW 600,000) owned by the victim E.

2. On October 28, 2017, around 05:24, the Defendant intruded into a “G” restaurant located in Seongbuk-gu, Sungnam-si, Sungnam-si, and carried out the custody of the cash owned by the victim H. The Defendant had 90,000 won in cash inside the cash storage box.

3. On October 30, 2017, around 04:50, the Defendant intruded into the “J” restaurant located in Seongbuk-gu, Sungnam-si, Chungcheongnam-si, and carried oil static owned by the victim K (market price of KRW 800,00).

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with respect to E and H;

1. A statement prepared by K;

1. Each investigation report (with respect to the verification of CCTV images around the place of occurrence, the verification of suspect's escape route, the identification of suspect's intrusion route, the vehicle number of suspect's vehicle, L clinical investigation, suspect mobile phone text messages, and the typhism of damaged articles, the verification of the location of the PES in the sirened vehicle, M investigation, suspect's mobile phone visibility photograph, and the verification of the conformity of the visibility that is the part of this damage);

1. On-site photographs, photographs of the vehicle lease agreement, and data on text messages;

1. Each investigation report (the verification of the location of NVPS by the victim, the location of female crime, and analysis of CCTV images around them);

1. GPS records, CCTV comparative photographs;

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