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(영문) 서울서부지방법원 2014.05.14 2014고단652

특정범죄가중처벌등에관한법률위반(절도)

Text

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

The evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On May 28, 1997, the Defendant was sentenced to a suspended sentence of 1 year in the Seoul District Court for special larceny, etc.

Criminal facts

Around 09:00 on December 25, 2013, the Defendant: (a) went into the restaurant of “E” in the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Operation D’s operation; (b) committed a theft of money and valuables by intrusioning the victim’s cresh in another place; and (c) intruded the entrance door of the above restaurant with the Raber, which was in possession, and stolen the cash amounting to KRW 600,000,000 stored in the safe.

In addition, the Defendant committed a theft or attempted theft of property amounting to KRW 8,031,00 of the market price over 18 times from the end of November 2013 to March 18, 2014, such as the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A statement of damage from F, G, H, H, I, J, K, L, M, N,O, P, Q, R, and T;

1. Seizure records;

1. Investigation report (264 pages of investigation records);

1. Victim G or U’s hearing of statements (investigative records 312 pages);

1. Records before judgment: Criminal records and other inquiry reports;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the 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 manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Scope and Articles 329 and 342 of the Criminal Act, inclusive, with respect to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the confession of the instant crime by the Defendant for the reason of sentencing; (b) the victim D, J, F, and K as a partial repayment of damage; (c) the deposit was made to the victim D, J, F, and K; (d) the fact that the Defendant was a person before the suspension of execution of the same kind; and (d) the details and method