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(영문) 서울남부지방법원 2014.05.28 2014고단1465

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

The defendant of criminal records was sentenced to the suspension of indictment for special larceny at the Seoul Dong District Prosecutors' Office on March 10, 201, and was sentenced to a fine of 500,000 won at the Seoul Dong District Court on June 10, 2011, and was sentenced to a fine of 50,000 won for larceny on June 4, 2012, and was sentenced to a suspended sentence of 8 months for special larceny at the Seoul Southern District Court on June 4, 2012, and was confirmed on July 30, 201

Criminal facts

On March 21, 2014, around 00:40, the Defendant conspiredd with F (J) to damage the glass of the said book and to steal the property by entering the free will of the book, thereby committing a prosecution with the Suwon District Court on April 24, 2014.

The Defendant reported the network, while F was faced with a stone in the vicinity, destroyed the glass of the above book, but the alarm was sounding, and the Defendant attempted to flee with the wind.

In addition, the Defendant habitually destroyed or attempted money and valuables worth KRW 2,692,00,00, in total 14 times, together with F, G, or at night, from around that time to April 1, 2014, as shown in the list of crimes committed in the attached Table, and subsequently stolen or attempted money and valuables worth KRW 2,692,00 in total.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Each statement;

1. A report on the results of field identification;

1. Each field file report;

1. Photographs of each place of crime;

1. All on-site photographs;

1. Previous records: Criminal records, etc. inquiry reports, previous records of dispositions, results of confirmation, investigation reports (Attachment to judgments by suspect, etc., attachment to such judgments, attachment to such judgments, etc.);

1. Habituality of judgment: Application of damp-Recognition Acts and subordinate statutes in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated on a short time in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (2) and (1), and 342 of the Criminal Act concerning the crime;

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