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(영문) 서울중앙지방법원 2021.01.26 2020고단6503
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for one year.

The defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is acquitted.

Reasons

On December 21, 2017, the defendant was sentenced to larceny by the Incheon District Court on December 21, 2017, and the execution of the sentence was completed on January 28, 2019 by the Ansan prison.

On August 12, 2020, the Defendant: (a) around 13:30 on August 13:30, 202, at the “C” library of the first floor underground of the Gangnam-gu Seoul building B; (b) the victim D stored the victim D in a toilet of the amount equivalent to KRW 1.3 million in the market price of the victim’s space between toilets and the 1.20,000 earphones equivalent to KRW 1.20,000,000,

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. Written statements and CCTV-related internal investigation reports;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes on attachment investigation reporting, such as inquiry, identification materials, etc.;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense. Article 329 (Selection of Punishment of Imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to six years;

2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of punishment [the types of punishment] of the larceny [the Class 2] general larceny [the person subject to special sentencing]: In the area of aggravated repeated crimes of the same kind which do not fall under the aggravation of specific crimes (the area of recommendation and the scope of punishment], the area of aggravated punishment [the area of recommendation and the scope of recommendation], ten months through two years;

3. Determination of sentence: The summary of the charge of not guilty of one year of imprisonment [criminal records] of the charge of not guilty of the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on January 14, 2005 and sentenced to one year and six months of imprisonment with prison labor for the same crime at the Seoul Southern District Court on August 28, 2013, and completed the execution of the sentence at the Ansan Prison Prison on December 21, 2017, after being sentenced to one year and six months of imprisonment with prison labor at the Incheon District Court for larceny and on January 28, 2019.

[2] On August 12, 2020, the Defendant: (a) around 13:30 on August 12, 2020, at the “C” library of the first floor below the Gangnam-gu Seoul Metropolitan Government building B; (b) at the victim D’s toilet, the victim D’s laps worth KRW 1,300,000 and KRW 1.20,000,000,00

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