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(영문) 서울서부지방법원 2017.04.19 2017고합31
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On June 28, 2001, the Defendant was sentenced to imprisonment with prison labor for larceny on August 28, 2001, on August 22, 2002, on violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the branch court of the Seoul District Court, 3 years and 6 months, and on November 16, 2006, 4 years, on October 15, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court (Seoul Western District Court) at the Seoul Western District Court on March 25, 201 and completed the execution of the last sentence on November 6, 2016.

[2] On November 20, 2016, the Defendant: (a) opened a door that was not corrected in the “E” restaurant for the victim’s D operation in Mapo-gu Seoul Metropolitan Government on November 20, 2016; and (b) intruded into the door, and took up approximately KRW 120,000 in cash owned by the victim and kept in custody at the payment period for the above gold transfer to the account unit.

In addition, from around that time to January 15, 2017, 1.140,00 won was habitually stolen and attempted once, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, G, H, I, J, and K;

1. On-site reports on results of field identification, investigation reports (as a result of appraisal by DNA), investigation reports (as identified DNA record verification), investigation reports (as a result of verification of identity of DNA codes), response to requests for appraisal (as a result of No. 18 of evidence list), investigation reports (as a result of verification of CCTV around the site), investigation reports (as a result of sufficient comparison analysis), internal investigation reports (CCTV perusal), and internal investigation reports (as a result of the PC access time and details of use);

1. Previous convictions: References to inquiries, investigation reports (verification of the date of release from repeated offenses), investigation reports (Attachment to the judgment of a criminal suspect's sentence);

1. Habituality: The Act and subordinate statutes are recognized in light of the fact that each of the instant crimes committed at the same time after release, which had been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

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