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(영문) 서울중앙지방법원 2014.01.08 2013고단7216

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

The seized evidence Nos. 4 and 5 shall be returned to the victim C.

Reasons

Punishment of the crime

[criminal power] On July 9, 2010, the Defendant was sentenced to two years and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court, and completed the execution of the sentence on April 15, 2012. On August 16, 2007, the Incheon District Court sentenced one year and six months of imprisonment with prison labor for night residence intrusion larceny, etc. at the Incheon District Court on August 16, 2007. On August 18, 2004, the decision to transfer the case to the Family Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court on November 29, 2002, and sent the case to the Juvenile Department as larceny from the Seoul Central District Court on January 4, 2002.

【Criminal Facts】

Around 15:00 on August 25, 2013, the Defendant came to multi-household houses located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and came to a window with a small room of the victim E of the second floor of the building beyond the left door door, and stolen a gold 200,000 won of the market price owned by the victim who is kept in the front space.

From around that time to October 30, 2013, the Defendant stolen the total market value of 3.140,000 won owned by the victims on nine occasions habitually, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, G, H, E, I, J, K, L, and M;

1. Requests for appraisal of the scene of each crime, and replies of the results of appraisal;

1. Statement of seizure of each police;

1. Previous convictions: Criminal records, investigation reports (a confirmation during the period of repeated crimes of defendants), investigation reports (the same criminal defendant and attachment 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 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 Crimes, Articles 329, 330, and 331 of the Criminal Act concerning the crime;

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

1. Discretionary mitigation;