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(영문) 서울동부지방법원 2017.06.08 2017고단566

상습특수절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On January 23, 2015, the Defendant was sentenced to two years and six months to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and the period of parole on August 18, 2016, when the Defendant was released from the Sognet Prison on August 13, 2016 during the execution of the sentence.

[2] On February 3, 2017, the Defendant: (a) around 18:25 on February 3, 2017, when the victim D residing in Songpa-gu Seoul Metropolitan Government, came to fall under the E apartment building OOOO, where the victim D resides in Songpa-gu, Seoul, and damaged the window crime prevention window by cutting it, and intrudes into the above apartment building through its windows, and owned the cash owned by the victim; (b) KRW 500,000,000,000,000,000 won in total, such as one for male use, and one for male use.

From that time until February 10, 2017, the Defendant had a total of 1,8320,00 won of the market price owned by the victims by the same method, such as the list of crimes in the attached Table, at least four times.

Accordingly, the defendant habitually destroyed a part of a structure and intruded into a residence at night, thereby thefting the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of H and D;

1. Police seizure records;

1. Reports on each occurrence (thief), reports on results of field identification, reports on each internal investigation, and investigation reports (including each accompanying material);

1. Previous convictions in judgment: A response to inquiries about criminal history, a copy of each judgment, and a report on investigation (646 pages of investigation records);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the records of each crime in the judgment, the number of crimes in the instant case, the number of crimes in the instant case reaches four times, and the same kind of crime has been systematically repeated;

1. Article 332 and Article 331 (1) of the Criminal Act applicable to the crime (including each special larceny);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes has the record of being punished for larceny several times, and the crime of this case has been committed again during the period of repeated crimes, and cutting machines.