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(영문) 서울동부지방법원 2018.04.26 2017고합396

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

The seized inspection shall consist of one Mack (No. 4), one mother and child (No. 6).

Reasons

Punishment of the crime

[criminal history] On April 14, 2011, the Defendant was sentenced to three years and six months to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, and on July 25, 2014, the Seoul Eastern District Court sentenced three years to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, and completed the execution of the sentence at the Seoul Southern District Court on May 26, 2017.

[2] On November 17, 2017, at around 19:00, the Defendant: (a) committed a crime against the victim D (the 60-year-old age) located down at the lower end of the Seoul Jung-gu Seoul Central District Office C lending; (b) opened the above window that was installed on the window in his/her house in his/her hand, and did not correct after the top of the house; and (c) infringed upon the victim’s property at the house through the opening of the window that was not corrected; and (d) was not discovered by the wind that did not discover the goods owned by the victim, from around that time to December 21:00, 201, the Defendant did not receive the victims’ property over 13 times in total in the same manner as the daily list of crimes and the list of crimes No. 1 and the list of crimes No. 21388, Dec. 3, 2017.

Accordingly, the defendant habitually damaged a part of a structure at night, and infringed upon the residence of the victims, and thus did not steals or steals the property owned by the victims, and did not steals the property owned by the victims at night, and did not steals or commit attempted crimes by intrusion upon the victims' residence at night.

Among the facts charged, each date and time indicated in the attached list of crimes was appropriately revised.

The Defendant recognized all the facts charged in the instant case and consented to all the evidence submitted by the Prosecutor. As such, even if ex officio amendment is made, there is no risk of causing substantial disadvantage to the Defendant’s defense.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. The protocol of interrogation of the suspect against the defendant (No. 3. 3.).