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(영문) 서울남부지방법원 2015.11.13 2015재고단49

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

No. 1 through 7 shall be returned to the person in whose name the victim has not been injured.

Reasons

Punishment of the crime

[criminal power] On December 28, 2007, the Defendant was sentenced to a suspended sentence of one year and six months for special larceny, etc. in the Suwon District Court’s Ansan Branch, and on February 16, 2009, the Defendant intentionally committed a crime during the suspended sentence and was sentenced to six months of imprisonment for night, intrusion upon residence, larceny, etc. at the Suwon District Court on February 24, 2009, and the said judgment became final and conclusive on February 24, 2009, the said suspended sentence was invalidated, and on September 24, 2010, the parole period was expired after the Defendant was released on July 30, 2010 among the execution of each of the above sentence.

In addition, on August 30, 2004, the defendant received juvenile protective disposition from the Suwon District Prosecutors' Office in addition to special larceny, etc., five times more.

【Criminal Facts】

On January 15, 2011, at around 16:30 on January 15, 201, the Defendant: (a) opened a window with a gas pipeline and intruded into the house of the victim D located in Gunposi; and (b) stolen with precious metal worth of KRW 1,00,000 and KRW 1,000,000,000,000,000,000,000.

In addition, the defendant from January 15, 201 to the same year.

3. From the date of April, 14, the victims of the total amount of KRW 10,480,00 were stolen habitually over 12 times, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on Q, R, S, T, U,V, W, X,Y, Z, AA, AB, AC, AD, AE, and AF;

1. Each police statement of E, F, G, H, D, I, J, K, and L;

1. A written statement of M, N,O, and P;

1. The purchase account book and the ledger of pawned articles;

1. Police seizure records;

1. All on-site photographs;

1. Previous records: Criminal records, investigation reports (report on attachment of separate judgments to suspects), written judgments, 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 frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 332 of the Criminal Act of this Act concerning criminal facts

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