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(영문) 서울중앙지방법원 2014.07.22 2014고단2966

특정범죄가중처벌등에관한법률위반(절도)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on May 3, 2014, the Defendant intruded into the said house through the door of the said house in which the Defendant was able to capture female clothes before the victim E’s house located in Jongno-gu Seoul Metropolitan Government, and used the victim’s panty 7 head and 2 heading female brogate, which is the victim’s possession of which the market price cannot be known by the victim’s laundry and launding inside the laundry machine, by putting them into the Defendant’s clothes in the Defendant’s clothes, as shown in the attached list of crimes, as shown in the attached list of crimes. From November 201, 2013 to May 3, 2014, the Defendant attempted to steals or steals the house or entry into the house opened in Seodaemun-gu at night or into the free apartment corridor, thereby impairing the victim’s possession, female clothes, etc.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of G, E, H, I, K, K, L, M, N,O, P, Q, Q, S, T, U, V, W, X, Y, and Z;

1. Statement of seizure of each police;

1. Photographs, etc. of seized articles;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the following: The method of each of the crimes in this case, the frequency of the crimes, and the fact that the same kind of crimes has been repeated several times against many and unspecified victims;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 342 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of recommending punishment] There is no basic area (two years or more to four years of imprisonment) of category 1 (general habitual and repeated larceny) (one year of imprisonment] [the sentence] [the sentence decision] of this case intrudes upon residence at night over a number of times habitually.