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(영문) 서울동부지방법원 2020.03.26 2020고단203
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On September 21, 200, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul District Court on March 14, 2002; imprisonment with prison labor for one year and six months; imprisonment with prison labor for the same crime from the Incheon District Court Branch Branch on March 10, 2005; imprisonment with prison labor for the same crime from the Incheon District Court on August 31, 2005; imprisonment with prison labor for two years and six months from September 13, 2006 to the Suwon District Court on February 15, 201; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); imprisonment with prison labor for two years from the same court on January 11, 2017; and the execution of the last prison on August 23, 2018.

【Criminal Facts】

At around 03:30 on January 4, 2020, the Defendant opened a door that was parked in Gangdong-gu Seoul Metropolitan Government Building B, and entered into the door, which was owned by the victim C, and then removed a number of 10,000 won in cash from the wall of the victim E, which was placed in the back seat, and cut off the sum of KRW 110,00 won in cash from the wall of the victim C, and KRW 7,00 in cash from the wall of the victim C.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, but is punished by larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-the-spot report (on-site verification and tracking of persons under internal investigation), internal investigation report (the verification of the place of taxi riding in a person under internal investigation), internal investigation report (the confirmation of details of a warrant of search and inspection of search and inspection of evidence, and the verification of points of a taxi), investigation report (the tracking of a suspect under the main station), and investigation report (the specific suspect);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. Sentencing Article 35 of the Criminal Act among repeated offenders.

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