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(영문) 서울동부지방법원 2014.07.25 2014고단1537

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 14, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. by the Seoul Western District Court on March 14, 201, and was sentenced to three years and six months on April 6, 2014, and had the same record of force in the smuggling detention center.

On April 17, 2014, at around 20:00, the Defendant went into the house of the victim C located on the second floor of Songpa-gu Seoul, Songpa-gu, Seoul, and went into the residence of the victim through the bend window that was not corrected by taking the house and cutting the gas pipe, and then went into the residence of the victim, the Defendant cited the sum of KRW 1,50,000 in the market price, including one half of the ownership of the victim in west-gu, two gold spags, one gold spags, three gold spags and three gold spags.

In addition, the Defendant committed an attempted theft of money and valuables worth KRW 23,060,000, totaling 14 times during the period from around that time to May 25, 2014, as indicated in the annexed Crime List.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each statement of C, G, H, I, J, K, L, M, N,O, and P;

1. An investigation report, a protocol of seizure, a list of seizure, and a report on investigation;

1. Records before judgment: Criminal records;

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 repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act, the choice of limited imprisonment for a crime, and the choice of a sentence;

1. Reasons for sentencing under the proviso of Article 35 and Article 42 of the Criminal Act among repeated criminal offenders [the scope of recommending punishment]: Type 1 (general habitual and repeated larceny) basic area (two to four years) of habitual and repeated crime theft (special area): None [decision of sentencing] [decision of sentence]: The crime in this case is committed habitually by the defendant in his/her residence at night and during a week.