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(영문) 서울중앙지방법원 2017.08.10 2017고단4002

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized evidence 1 or 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On March 19, 198, the Defendant was sentenced to ten months of imprisonment with prison labor for night structure larceny at the Seoul Central District Court on July 4, 2003, and was sentenced to eight months of imprisonment with prison labor for special larceny at the Seoul Central District Court on May 25, 2006, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 22, 2008. On November 16, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on May 15, 2015, and completed the sentence with prison on May 10, 2015.

The defendant was sentenced to imprisonment more than three times due to intrusion upon a structure at night, theft, etc., and again, was locked during the repeated crime period as follows, and stolen the victims' property by intrusion upon residence:

1. On April 2017, the Defendant committed the crime against Victim C: (a) and around 00:00 to around 02:00, in E operated by the Victim C (M, 63 years old) located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant cut out and cut out the locks to the previously prepared cutting machines; and (b) took out the cash of approximately KRW 70,00,000, as the market price, which is one of the victims’ possession, of the victims, with the cash of KRW 1,70,000.

2. On May 28, 2017, the Defendant committed the crime against the Victim F at H restaurant operated by the Victim F (F) in Gwanak-gu in Seoul Special Metropolitan City (FF) on May 28, 2017, the Defendant cut up the locks in advance, carried out and cut out, and then cut up approximately KRW 7,000 in cash, KRW 3,00 in the amount of KRW 1 bottle, KRW 4,000 in the amount of KRW 1 bottle, KRW 7,500 in the amount of KRW 7,00 in the amount of KRW 3,00 in the possession of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C and F;

1. On-site photographs and the closure of images at the scene of crimes;

1. A previous conviction in judgment: