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(영문) 서울서부지방법원 2015.10.30 2015고단2033
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 19, 2003, the Defendant was sentenced to one year and six months from the Seoul Central District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on August 2, 2005; on January 5, 2009, the Seoul Western District Court sentenced one year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on September 22, 2011, the Seoul Western District Court sentenced six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 27, 201, the Seoul Western District Court sentenced two months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on September 26, 2013; on January 25, 2015, the Defendant completed the execution of the sentence.

At around 08:20 on May 30, 2015, the Defendant: (a) held a “Ecafeteria” house operated by the victim D in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu; (b) KRW 1,430,000,000 in cash, which is the victim’s possession under the account book, for the victim’s diving; (c) KRW 100,000,000 in traditional market merchandise coupons; (d) one head of the Tong of the Bank, one driver’s license, one resident registration certificate, one credit card holder, etc.; and (e) one yellow fluor in the market value equivalent to KRW 10,00 in the market value.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to theft, etc., he stolen the victim's property within the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (victim's telephone listening and accompanying report);

1. Previous convictions in the judgment: Criminal records, investigation reports (the previous and a copy of the judgment attached thereto), investigation reports (the date of release), the defendant and his defense counsel asserted that cash in the wall was not more than 1.430,000 won but not more than 1.40,000 won. However, according to the evidence duly adopted and investigated by the court, the defendant committed a theft of money and valuables as stated in the above criminal facts.

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