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(영문) 서울중앙지방법원 2014.03.14 2014고단267

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized evidence1 to 3 shall be confiscated.

Reasons

Punishment of the crime

On October 25, 2006, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and on December 18, 2007, the Seoul Northern District Court sentenced three months of imprisonment with prison labor for attempted larceny. On March 23, 201, the Defendant was sentenced to one year and two months of imprisonment with prison labor at the Seoul Central District Court for larceny, etc. and completed the execution on March 19, 2012.

At around 15:00 on May 18, 2013, the Defendant: (a) cut the above house c apartment 102 at the victim’s house of Jongno-gu Seoul Jongno apartment 102 by using the fences prepared in advance; (b) went into the house; and (c) carried out one gold-half of the cash amounting to KRW 700,000 and the market price of the victim’s cash, which was located in the inside and at a small amount of the inside and small amount of the disaster, from the above date and time to December 20, 2013; and (d) habitually cut off the property amounting to KRW 21,145,000, total market price on seven occasions, such as the list of crimes, from the above date and time to December 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, D, and I;

1. A criminal investigation report (related to the Council of Victims);

1. Each protocol of seizure;

1. Previous convictions indicated in judgment: A inquiry report, investigation report (report on the same criminal cases as a suspect A and the previous convictions and reports on repeated crimes), and current status of personal identification and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the number of crimes, and the number of times of the same kind of crimes in the judgment;

1. Articles 5-4 (1), 329, and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the choice of imprisonment for a limited term concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [decision of a sentence] thief thief thief thief thief thief thief thief thief thief thief thief thief thraf thief thief thief thief thraf thief thief thraf staf staf staf st