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(영문) 서울북부지방법원 2014.07.24 2014고단1729

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On September 17, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Seoul Northern District Court, and the parole period was expired on May 20, 2010 during the execution of the sentence in Seongdong-gu Prison. < Amended by Act No. 10357, Aug. 10, 2010>

【Criminal Facts】

On June 15, 2012, around 15:00, the Defendant found the key to the dubus in front of the front of the front door at the victim D’s house located in Gangnam-gu Seoul Metropolitan Government, and opened a dubus and entered the front door by using it, and cut off the front door with two dubs of 10 dubus 4,140,000 equivalent to the market value of the dubus 4,140,000 in the front door of the dwelling space.

The Defendant, as seen above, stolen property worth KRW 17,695,00, totaled 12 times from around May 2014 to around the end of May, 201, as indicated in the list of crimes, was attempted to steals or steals property worth KRW 17,695,00, which is the market value of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement in the preparation of G, H, I, J, K, L, M, and N;

1. Details of CCTV confirmation, CCTV photographs, black stuff photographs, field file reports, and reports on the results of field identification;

1. Each investigation report (Evidence Nos. 5, 16, 19, 20, 23, 28, 32, 34, 36);

1. Time from sunrise and sunset in the Seoul Metropolitan Area;

1. Previous records: Criminal records and other inquiries, and current status of personal identification and confinement;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330 and 342 of the Criminal Act concerning the crime (generality, choice of limited imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is the period of repeated crime due to the same crime.