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(영문) 서울동부지방법원 2014.05.22 2013고단3145
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on one year and six months, and on May 23, 2013, the judgment became final and conclusive on May 23, 2013 and has the same criminal records more than five times during the probation period.

【Criminal Facts】

On October 1, 2013, from around 14:00 to December 15:00 of the same month, the Defendant opened a door of KS3 car managed by the victim D, who was set up in front of Songpa-gu Seoul Metropolitan Government C, and stolen KRW 2,60,000,000,000,000, including KRW 2,000,000,000,000 owned by the victim and 60,000,000 won.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Request for cooperation in investigation and report on the investigation;

1. Previous records: Criminal records and investigation reports (Attachment of written judgments, etc. against a suspect);

1. Habitualness of the judgment: In light of the fact that the defendant committed the same kind of interference within a short time after the judgment on the records of the crime, the method of the crime, and the judgment, etc., the defendant alleged that he only acquired and stolen a letter envelope containing two copies of the raw cover check, which is an article damaged by mutual incompetuity, at the same time, and there was no theft, and that the bill endorsed in one name among the above checks did not require identification of his identity.

However, according to the witness I's legal statement, the victim D included one million won check in the bank's envelope 50,000 won and 600,000 won in cash, but the bank's envelope 2 and 600,000 won in cash as it is, were stolen. Thus, it is difficult for a person other than the defendant to actually put the stolen check in a separate letter bag, and it is difficult for him to see that it is lost or abandoned, and that it is difficult for him to acquire and use the check.

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