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(영문) 서울남부지방법원 2013.10.10 2013고합342

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on November 22, 2012. On May 31, 2005, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime at the Seoul Southern District Court on May 31, 2005, one year and six months of imprisonment with prison labor for the same crime at the Seoul District Court on June 16, 199, and one year and six months of imprisonment with prison labor for the same crime at the Seoul Southern District Court Branch on January 14, 199.

At around 01:00 on March 6, 2013, the Defendant: (a) opened a cash receipt and receipt and receipt and receipt and receipt and disbursement of cash on the part of the victim Party E at the “D” store located in Guro-gu Seoul Metropolitan Government, by opening the door door door and leaving the door door; and (b) attempted to steal cash on the part of the victim, but failed to do so.

In addition, from the end of December 2012 to July 5, 2013, the Defendant attempted to steal or steal another’s property of a total of KRW 3,338,00,000 from the end of the crime committed in attached Table eight times, as indicated in the list of crimes.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A protocol of suspect examination of G police officers;

1. Each police statement made to H and I;

1. Each statement of E, J, K, L, M and N;

1. On-site inspection reports, investigation reports (specific as a suspect), investigation reports (related to female offenders), investigation reports (applicable repeated crimes, and habitual verification);

1. Results of inquiries into the identity of each site photograph, appraisal report, and detained suspect DNA, and each high gold purchase ledger;

1. Previous convictions: Criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness, taking into account the records of each crime, the number of crimes, the frequency of crimes, and the number of repeated crimes of the same kind in the judgment;

1. Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-4(1) of the Criminal Act.