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(영문) 서울북부지방법원 2013.12.20 2013고합332

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On March 24, 2000, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a short term, one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on November 28, 2001, and one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on October 6, 2004, and one year for a special larceny crime at the Seoul Northern District Court on October 6, 2004, respectively. On July 1, 2009, the Defendant was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Incheon Central District Court Branch on March 31, 201.

On June 18, 2013, at around 16:30, the Defendant: (a) entered the victim D's house located in Pyeongtaek-si 102, Pyeongtaek-dong 102, through a bend window, and came out with two gold 40,000 won in cash and KRW 10,000,000 from that time, from that time to October 10, 2013, the Defendant habitually stolen or attempted to steals the victims' goods 15 times in total, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to E, F, and G;

1. Each written statement of H, I, D, J, K, L, M, N,O, P, Q, R, S, and T;

1. Records of seizure and the list of seizure;

1. Each on-site report, each on-site identification report, each photograph, each investigation report, each request for verification and direction of whether a case related to the DNA compliance person is dealt with, the status of the person corresponding to the results of the DNA comparison, notification of the processing of the case related to the DNA Register, one on-site summary, one on-site summary, and each on-site collection ledger;

1. A previous record of judgment: A copy of a statement of criminal records, a copy of the judgment, case inquiry, number of personal identification and acceptance status;

1. Habituality: The defendant has been punished several times for the same crime, such as larceny and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though he was released on March 31, 201, and again, he was under repeated crime.