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(영문) 서울동부지방법원 2014.12.03 2014고단2656

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence1 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

On September 1, 2006, the defendant was sentenced to a suspended sentence of three years in the year and June 1st, 2006 for a violation of the Act on Aggravated Punishment, etc. of Specific Crimes.

around 2013, the Defendant maintained his livelihood with his daily work.

As the daily distance has not been found, it intruded into restaurants, hospons, etc. at night, and steals money and valuables.

At around 03:00 on January 2013, the Defendant: (a) came to a restaurant with the trade name of E operated by the victim D in Songpa-gu Seoul Metropolitan Government; (b) went to the close of the business and left the restaurant; and (c) used the date dracker prepared for the negligence of surveillance to open a restaurant with a milch part of the back door of the said restaurant and intrude into it, and stolen KRW 20,000,000,000,000 won, owned by the victim, by the Defendant.

In addition, from January 2013 to August 5, 2014, the Defendant invaded at night at night on a restaurant operated by the victims 41 times in total, as shown in the attached list of crimes, and attempted to steals food of KRW 5,290,000 in cash and KRW 2,000 in the market price of drinking water owned by the victims, or attempted to steals food of KRW 2,00,000 in the market price, or attempted to steal things owned by the victims.

On January 19, 2014, at around 22:30 on January 19, 2014, the Defendant destroyed and invaded the locks of H store operated by the victim G in Songpa-gu Seoul, Songpa-gu, Seoul, and then stolen the Defendant’s 22,000 won owned by the victim and stored in cash.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of I, J,K, L, M, N,O, P, Q, Q, M, U, V, W, X,Y, Z, AB, AC, AE, AE, AF, AH, AI, D, AJ, AJ, AK, AK, AL, AM, APE, AP, AP, AP, AS, ASS, AT, and G;

1. Each investigation report and each investigation report;

1. Seizure records;

1. On-site identification reports and reports on results, and reports on requests for appraisal;