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(영문) 서울서부지방법원 2018.06.22 2018고단1496

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

On December 8, 2004, the Defendant was sentenced to imprisonment with prison labor for one year with prison labor for larceny, etc. at the Seoul Southern District Court on December 21, 2007, two years of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on December 21, 2007, and eight months of imprisonment with prison labor for the attempted larceny, etc. at the Seoul Western District Court on January 18, 2012, and one year and six months of imprisonment with prison labor and two months of imprisonment with prison labor for the attempted larceny, etc. at the Seoul Western District Court on October 30, 2012.

On November 3, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on March 27, 2017, and the judgment became final and conclusive on March 27, 2017, and completed the execution of the sentence at the Net Prison on April 2, 2018.

After being released, the Defendant kept the key of the so-called 'recognize' before the end of his life due to gambling, such as the bicycle racing after being released from the prison, and tried to capture the property, etc. by impairing the house with no person while leaving the house.

1. On April 9, 2018, the Defendant infringed upon the residence of the victim by opening the entrance door of the victim and opening it up to the house, with the keys in the absence of any crepit by the victim D, the main owner of the house, from Eunpyeong-gu Seoul Metropolitan Government C Loans B 101, and D, the main owner of the house, to the outside.

2. Defendant 1 who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed theft with precious metals and cash KRW 600,000,000, including the market price of 14K gold tea kept in the small room at the above date and place, and the market price in the small room.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen another's property within the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Seizure records;

1. Responses on the results of a trace of satisfaction with a crime scene;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 5-4(5)1 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes (abstinance of intention) and Article 319(1) of the Criminal Act (abstinence of residence and imprisonment with prison labor) regarding the crime.