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(영문) 서울남부지방법원 2018.01.10 2017고단5473

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 history] On February 13, 2008, the Defendant was sentenced to a suspended sentence of six months by night intrusion, larceny, etc. at the Incheon District Court, and on November 6, 2008, the Defendant was sentenced to eight months by imprisonment with prison labor for night intrusion larceny, etc. on April 28, 201, and was sentenced to one year and two months by special larceny, etc. on August 18, 201; on October 8, 201, the Defendant was sentenced to six months by imprisonment with prison labor for four months by special larceny, etc. from the Incheon District Court’s subsidiary branch branch for the Incheon District Court’s imprisonment with prison labor for one year and six months from the Seoul Southern District Court’s imprisonment with prison labor for habitual special larceny on February 23, 2017, and the execution of the sentence was terminated at the prison on February 23, 2017.

[Criminal facts]

1. On September 30, 2017, the Defendant, around 03:00 around September 30, 2017, went into the construction site of the 6th floor near Gangseo-gu Seoul Metropolitan Government, and intrudes into the building in the construction site via a space between the fences (pents) around the 30th floor, and then put the total amount of 125 km electric wires totaling 125 km in the unclaimed market price, which is the non-owned property of the victim’s name on each floor, into a mastru, and stolen it.

2. On October 10, 2017, the Defendant: (a) around 03:45, Oct. 10, 2017, in front of the warehouse at the construction site of D Company E located near Gangseo-gu Seoul, Gangseo-gu, Seoul around October 10, 2017; (b) opened the locks of the underground warehouse and intrudes into the warehouse; and (c) discovered and stolen a box containing 39,000,000 won at the market price of the victim F, which is the victim F, stored therein.

As a result, the Defendant was sentenced to imprisonment not less than three times with labor due to the crimes of Articles 329 through 331 of the Criminal Act, and the Defendant again stolen the victims’ property during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A written statement;

1. Each investigation report (CCTV verification investigation);

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (Attachment to the decisions of the same kind of punishment as the suspect is attached;