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(영문) 서울남부지방법원 2015.06.24 2015재고단21

특정범죄가중처벌등에관한법률위반(절도)

Text

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

One light of the seized test color, and one hand, portable date, and one hand.

Reasons

Punishment of the crime

On September 2, 1997, the Defendant was sentenced to a suspended sentence of 10 years for a crime of larceny, and 2 years for a short term of 1 year and 6 years for a short term of 1 year and 3 years for a crime of larceny in night building at the branch court of the Seoul District Court on January 13, 1998 at the branch court of the Seoul District Court on April 21, 200, 1 year and 6 months for a special larceny, etc. at the Seoul District Court on February 25, 2003 at the Government's branch court of the Seoul District Court on February 25, 2003, 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on February 3, 2005, and 3 years for a violation of the Act on the Aggravated Punishment, etc. at the Seoul Western District Court on October 19, 206.

On March 19, 2014, the Seoul Eastern District Court was sentenced to imprisonment with prison labor for thief in 6 months.

On September 16, 2014, at around 08:26, the Defendant opened a closed door at the “Diplomatic Association” located in Yangcheon-gu Seoul Metropolitan Council, where the victim E, who is a pastor, opened a closed door at the 8th floor office, and took the inside of the door, such as the hand gate, in order to steals the cash, which is located in the corridor of the first floor above the underground floor, and did not bring the intent of unconstitutionality, but did not go against the attempted attempt. Then, in light of the inside, the Defendant did not intend to steal the cash, which is located in the corridor of the second floor above the underground floor, but did not go against the intent of unconstitutionality.

Accordingly, the defendant attempted to steals the property managed habitually by the victim, but he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and copies of judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Criminal facts;