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(영문) 서울중앙지방법원 2017.12.22 2017고합1077
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal records] On February 1, 1996, the Defendant was sentenced to imprisonment with prison labor for ten months in the Seoul District Court, with prison labor for the attempted larceny by the night room at night, and six months in the same court on August 16, 1996. The Defendant was sentenced to imprisonment with prison labor for one year and six months in the same court on August 9, 200 and six months in the same court on August 7, 200.

In addition, the defendant, at the same court on March 4, 2003, sentenced one year and six months to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on October 26, 2004, sentenced to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on March 30, 2007; three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on March 30, 207; on August 13, 2010, the defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on May 2, 2014, the court sentenced the same court to three years for imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and terminated the execution of the sentence at Daejeon prison on March 6, 2017.

[2] On February 22, 2017, at around 09:34, the Defendant: (a) committed a theft of the property totaling KRW 17,119,000 on 15 occasions from the above day to October 2, 2017, in total, 15 times in total, from the day of the above day to October 2, 2017, in a store operated by the victim D with the victim’s first floor B, Dong 1, 65; (b) the victim’s market value, which was the victim’s ownership at the front line, was equivalent to KRW 600,000,000, which was the victim’s share; and (c) by taking away the property from the victim’s share of KRW 17,119,00,00.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of F, G, H, I, D, J, K, L, M, N,O, P, Q, and R;

1. A report on internal investigation (the verification of CCTV images from the victim F counterpart and on-site CCTV (the instant seven times), the verification of CCTV from the victim and the other party to the theft site (the instant 42), and on-site CCTV;

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