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(영문) 서울남부지방법원 2018.10.17 2018고단3281
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2] On February 11, 2014, the Defendant was sentenced to a suspended sentence of 8 months for larceny at the Seoul Southern District Court (Seoul Southern District Court) and on February 19, 2014, on July 22, 2015, the said suspended sentence was invalidated upon being sentenced to 8 months of imprisonment for larceny, etc. at the Seoul Southern District Court (Seoul Southern District Court) and the said judgment became final and conclusive on July 30, 2015; on June 22, 2017, the said suspended sentence was sentenced to 1 year of imprisonment for larceny, etc. at the Seoul Southern District Court; and on March 8, 2018, the Seoul Southern District Court completed the execution of said sentence.

[2] On May 11, 2018, between 03:00 to 04:00, the Defendant: (a) opened a door to the driver’s seat of DNA white X-ray vehicles parked by the victim C in the parking lot located in Gangseo-gu Seoul Metropolitan Government; and (b) stolen the Defendant’s resident registration certificate, driver’s license, electronic card 1, Samsung Card 1, Samsung Card 1, Security Card 3, one thousand won, one KRW 8,000, the market price of which is equivalent to KRW 1,165,000 in total on seven occasions, as indicated in the list of crimes in the attached Form.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, committed larceny by taking property of victims during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by the police concerning G (No. 6 times the list of crimes) ;

1. A statement in C (the victim No. 1 in the list of crimes), H (the victim No. 2 in the list of crimes), I (the victim No. 3 in the list of crimes), and J (the number of crimes No. 5 in the list of crimes);

1. A report on the results of field identification;

1. A protocol of seizure and list of seizure of police officers on June 26, 2018;

1. A protocol of seizure and list of seizure of police officers on June 27, 2018;

1. Investigation report (Investigation into verification of CCTVs in PC);

1. Report of investigation (specific suspect);

1. Photographs of each seized article;

1. Reporting on occurrence of a disaster;

1. Previous convictions before judgment: A reply to inquiries, such as criminal history, investigation report (suspects.

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