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(영문) 서울중앙지방법원 2016.05.13 2016고합303
상습특수절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On October 20, 1998, the Defendant was sentenced to imprisonment with prison labor for eight months for the attempted larceny of any building intrusion at night at the Seoul District Court’s branch, on October 28, 199; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul District Court on June 12, 2001; imprisonment with prison labor for two years for the same crime at the same court on May 12, 2003; imprisonment with prison labor for two years for the same crime at the Suwon District Court on June 16, 2005; imprisonment with prison labor for two years for robbery at the same court on July 13, 2007; imprisonment with prison labor for two years for the same crime at the Seoul District Court on July 17, 2009; and imprisonment with prison labor for three years at the Seoul District Court on June 16, 2015; and imprisonment with prison labor for six years at the Seoul District Court on July 28, 2009>

[Criminal facts] Defendant thefted another’s property worth KRW 103,960 in total twice habitually as follows.

1. At around 03:20 on March 17, 2016, the Defendant: (a) at the window of “E” operated by the victim D in Jongno-gu Seoul Jongno-gu, Seoul; (b) 30,000 won in cash owned by the said victim and 30,000 won in cash in the said victim’s possession, where the said victim creshed with a cresh that the said victim gets off with a window, and has broken the stone with a window in the vicinity; and (c) 30,000 won.

They go back.

2. The Defendant, at around 03:10 on March 18, 2016, entered the window of “H” operated by the victim G in Jongno-gu Seoul, Jongno-gu, Seoul, as well as at around 73,960 won in cash in the said victim’s possession, which had been in the Round of the Round, in the manner set forth in the above paragraph (a).

They go back.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of G, J and D;

1. A report on police seizure and list of seizure, and a report on the results of field identification;

1. Each photograph;

1. A previous conviction: A reply to inquiry about criminal history, investigation report (a copy of the judgment and confirmation of the date of release);

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