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(영문) 서울중앙지방법원 2019.08.13 2019고단4206
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On June 4, 2010, the Defendant was sentenced to three years in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to three years in prison for the same crime at the Seoul Central District Court on June 24, 2016. On November 2, 2016, the same court was sentenced to one year in prison for the same crime. On December 20, 2017, the Seoul Western District Court was sentenced to one year and six months in prison for the same crime and completed the enforcement of the sentence on May 1, 2019.

【Criminal Facts】

1. On June 11, 2019, at around 03:40, the Defendant fleded in front of the D restaurant building managed by the victim C in Jung-gu Seoul, Jung-gu. Around 03:40, the Defendant: (a) deducted the window of the toilet from the entrance of the 1st floor; and (b) invaded into the building; and (c) obstructed the object to be stolen by the second floor of the building; and (d) escaped from the wind of the victim C, who was locked at the same place, with his scood, with his human scood and sound.

As a result, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and attempted to steals property by impairing the victims' residential interest and management structure at night during the period of repeated crime.

2. On June 11, 2019, around 04:20 on June 11, 2019, the Defendant got in front of a G cafeteria managed by the victim FF in Jung-gu, Seoul, and the second floor, and went away without discovering a gas pipeline installed on the outer wall of the building, and without correcting the door up to the second floor, into a restaurant, and then without discovering a stolen object.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and attempted to steals property by impairing the structure managed by the victim at night during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Investigation report (to attach on-site photographs to G cafeterias related to female crimes, and to read CCTVs;

1. A report on internal investigation (related toCCTV's extraction reading and the escape route from the suspect);

1. Each photograph;

1. Previouss before judgment: Criminal history records, replys to each person, and the acceptance status of each person;

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