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(영문) 서울서부지방법원 2014.11.21 2014고단2806

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On February 7, 2007, the Defendant was sentenced to 8 months of imprisonment with prison labor and 500,000 won for larceny, etc. at the Seoul Eastern District Court, and sentenced to 5 months of imprisonment with prison labor for night-time intrusion, larceny, etc. at the Busan District Court’s subsidiary branch on March 6, 2008, and on August 28, 2013, the Defendant completed the execution of the above punishment on October 11, 2013.

1. On May 24, 2014, around 02:00, the Defendant: (a) cut down the locking device, which was prepared in advance, to discover the amount equivalent to KRW 2.80,00,000 at the two entrances of the building C, 2,000, with locking devices installed in stairs, and then cut down the locking device.

2. On August 4, 2014, at around 17:30, the Defendant: (a) discovered at the entrance to the building E-building in Eunpyeong-gu Seoul Metropolitan Government, a locker with a locking device at the victim F’s Altona 7.20,00 won in the market price, and stolen the locker, which was prepared in advance, by cutting down the locker.

3. On August 2014, the Defendant: (a) found the victim H’s fluench-type market value equivalent to KRW 400,000,000, which is a locking device installed at the parking lot of Eunpyeong-gu Seoul Metropolitan Government Building G building, from around August 201, the Defendant cut down the locking device with the locking device, which was prepared in advance.

4. 피고인은 2014. 9. 13. 02:00경 서울시 은평구 I건물 출입구에서 그곳에 잠금장치 없이 세워 놓은 피해자 J 소유의 검정색 블랙캣 마운틴 자전거 1대 시가 80만 원 상당을 발견하고는 이를 가지고 가서 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police against K;

1. Statement to J police officers;

1. Each statement of F, H, and D;

1. Police seizure records;

1. Previous convictions in judgment: Criminal history records, probationary records (A), reporting on results of confirmation of the absence of disposition, reporting on confirmation of the fact of release, investigation reports (the filing of the status of personal confinement and confinement of a suspect A), and confirmation of the fixed date of investigation reports;