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(영문) 서울동부지방법원 2020.06.24 2020고단1327
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On August 26, 2010, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Northern District Court. On April 26, 2013, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul High Court for the same crime. On September 30, 2016, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court for the same crime and completed the execution of the final sentence on July 1, 2019, and was sentenced to seven times of the same criminal power.

【Criminal Facts】

On January 23, 2020, at around 20:18, the Defendant: (a) committed a theft of property amounting to KRW 15,356,00,00 of the market price owned by the victims nine times in total, as shown in the list of crimes in the attached Form No. 200, a cash amount of KRW 800,000,000, which was the victim's possession of the shopping car using a cresh in which the victim D was able to d's abrupted due to the failure to take care of the goods, and (b) caused the theft of property amounting to KRW 15,356,00,00 in total, as shown in the list of crimes.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the victims' property within three years after the execution of the sentence.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Each investigation report (on-site search and CCTV image verification, and verification of the value of damaged goods);

1. Each internal investigation report (the analysis of CCTV at the scene of occurrence, internal investigation of CCTV at the scene CCTV, statement of victims, confirmation of damaged goods, hearing of victim's other statement, etc., and the verification of CCTV at the site of the case

1. Photographs of the place of crime, CCTV image output data, CCTV photographs and photographs of damaged articles, each seized article photograph, CCTV at the scene of damage, photographs of damaged articles, and photographs of damaged articles;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records - including copies of each judgment), application of Acts and subordinate statutes to investigation reports ( Results of suspect's search);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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