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(영문) 서울중앙지방법원 2013.08.30 2013고합734

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On September 9, 199, the Defendant was sentenced to a suspended sentence of 2 months for larceny, etc. at the Seoul District Court, and on March 10, 200, the Defendant was sentenced to a suspended sentence of 10 months and 18 months for larceny. On January 22, 2002, the Seoul District Court was sentenced to a sentenced sentence of 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On March 26, 2008, the Defendant was sentenced to a sentence of 8 months for larceny, etc. at the Seoul East District Court. On December 23, 2010, the Defendant was sentenced to 2 years of imprisonment at the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

The Defendant habitually stolen the victims' articles at least twice as follows.

1. On June 27, 2013, around 00:05, the Defendant: (a) opened a main window with no lower gas pipeline from the back of the building in Seongbuk-gu Seoul, Seongbuk-gu; and (b) infringed upon the said 401, a residence of the victim E (Nam, 38 years of age).

In addition, the Defendant committed theft with a total of 1,224,00 won of the market price, including one glympire, 14k white glyms, owned by the victim in the location.

2. On July 6, 2013, at around 01:00, the Defendant opened a window on the second floor with no wall from the back of the building and intruded into the “G dental clinic” operated by the victim G (Nam, 76 years of age).

In addition, the Defendant committed theft with one Samsung C&M North Korea and 35,000 won in cash at the market price in the above victim’s market price in its location, which is equivalent to KRW 1,05,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. A written statement of G and E;

1. Each protocol of seizure, list, and photograph;

1. Previouss before judgment: Criminal history records, certificates of confinement, and investigation reports;