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(영문) 서울중앙지방법원 2019.02.01 2018고합1190
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On November 17, 2009, 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 at the Seoul Southern District Court, and was sentenced to three years of imprisonment for the same crime at the Seoul Central District Court on September 2, 2014, and was sentenced to three years of imprisonment for the same crime on June 21, 2017, and the same criminal records are seven times more.

【Criminal Facts】

1. At around 00:05 on November 28, 2018, the Defendant: (a) stolen the gap in which the victim B was under influence of alcohol in the front line of subway 2 lines located near the subway 2 lines located in Guro-gu Seoul, Guro-gu, Seoul, with one cellular phone in an amount equivalent to KRW 800,000,000 in the market price owned by the victim who was the victim of the buckbuck in the front line of the subway 2 lines located near the subway 117-21.

2. On November 28, 2018, around 00:12, the Defendant: (a) stolen the gap in which the victim C was under influence of alcohol in the electric car operating the subway No. 2 line near the subway No. 160, 160-ro, Mapo-gu, Seoul, with one cell phone of an Aphone X mobile phone equivalent to KRW 1.2 million in the market price owned by the victim, where other victims fall into the floor.

3. On November 28, 2018, at around 00:28, the Defendant: (a) cut off the gap of the victim D from the Handbag of the victim’s handbag, the market price of which is equivalent to one million won of the victim’s market price, from the Handbag of another victim’s handbag, in the electric vehicle operating the subway No. 229 located near the subway No. 2, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu.

As a result, the defendant was sentenced twice or more to habitually violate the Act on the Aggravated Punishment, etc. of Specific Crimes, and again stolen the victims' property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, B, and C;

1. Investigation report (to be accompanied by the control details and screen pictures and CDs for crimes);

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, correspondence records, results of the search of prisoners, and records of the same kind of force shall be attached;

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