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(영문) 서울북부지방법원 2012.11.22 2012고단2508

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[criminal power] On January 29, 1992, the Defendant was sentenced to one year of imprisonment for night intrusion larceny at the Seoul Central District Court, and on September 16, 1998, the same court was sentenced to one year and six months of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes. On February 28, 2002, the Seoul East District Court was sentenced to one year of imprisonment for night intrusion larceny at night.

【Criminal Facts】

The defendant, while driving on his behalf, has invaded into a house with no correction of the entrance door, such as a tenement house in the vicinity of a destination, multi-household house, etc., and had the mind to steals money and valuables.

1. On May 14, 2012, between around 02:00:0-05:00, the Defendant opened a door-to-face which was not corrected in the victim D’s residence in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 102, and intruded into the inner bank, and had one hand-to-face 60,000 won in cash from the bank owned by the victim.

2. On September 10, 2012, at around 03:00, the Defendant opened a door that was not corrected in the victim F’s residence located under the Eement of Seoul Special Metropolitan City, Nowon-gu, in his hand, and intruded into the inner room, and carried 170,000 won in cash on the wall located within the victim’s inner part, and 70,000 won in cash on the wall located within the bank set aside by the victim’s avoidance.

3. On September 15, 2012, at around 03:00, the Defendant opened a studio that was not corrected in the victim H’s residence of the first floor of G Multi-household 103 in Seoul Special Metropolitan City, Nowon-gu, and intruded into the living room and carried out one 108,000 won in cash from the wall located in the bank owned by the victim, and 18 k gold 20,000 won in the market value (2 money).

Accordingly, the defendant habitually stolens the victims' articles at least three times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of D and H;

1. On-site surveys, requests for appraisal and appraisal;

1. A previous conviction in judgment: