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(영문) 서울동부지방법원 2019.10.07 2019고단2347

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 September 1, 2005, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Suwon District Court. On May 29, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the same crime at the Jung-gu District Court on May 29, 2009. On December 5, 2014, the Seoul High Court sentenced four years of imprisonment with prison labor for habitual larceny, and on May 17, 2018, the Seoul East East District Court sentenced one year and two months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on May 1

1. On June 16, 2019, around 21:23, 2019, the Defendant opened a small and unrecoverable window E, which is a residence of the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, and did not commit an attempted crime because there was no object that could be stolen while cutting down and cutting off the steel stuffs installed therein into the house in his/her hand, and then cutting off and destroying them into the iron stuffs, and then cutting off them into the house, thereby making it impossible to do so.

2. On June 30, 2019, at around 20:46, the Defendant: (a) opened a window for an unrectible apartment G, the residence of the victim F in Songpa-gu Seoul, Songpa-gu, Seoul; (b) opened a window for the prevention of steel agents installed therein; (c) sealed the iron bars installed therein; (d) intruded into a small cremation unit; and (e) invaded into the said house; and (e) cut off with approximately 2,00,00 won of the market value of the victim, which was under custody in the west of the small cremation unit, with approximately 30,00 won of valuable valuables, such as ear, ear, and female fingers.

Accordingly, the defendant was sentenced to imprisonment more than three times due to night, intrusion, theft, etc. and committed special larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Confirmation of investigation (specific related to the description of the damaged goods);

1. Previous records of judgment: Application of criminal history records, investigation reports (the confirmation of repeated crimes and the same kind of power);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 342 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;