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(영문) 서울남부지방법원 2011.05.04 2011고단970

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

No. 1 through 7 shall be returned to the person in whose name the victim has not been injured.

Reasons

Punishment of the crime

[criminal power] On December 28, 2007, the Defendant was sentenced to a suspended sentence of one year and six months for special larceny, etc. in the Suwon District Court’s Ansan Branch, and on February 16, 2009, the Defendant intentionally committed a crime during the suspended sentence and was sentenced to six months of imprisonment for night, intrusion upon residence, larceny, etc. at the Suwon District Court on February 24, 2009, and the said judgment became final and conclusive on February 24, 2009, the said suspended sentence was invalidated, and on September 24, 2010, the parole period was expired after the Defendant was released on July 30, 2010 among the execution of each of the above sentence.

In addition, on August 30, 2004, the defendant received juvenile protective disposition from the Suwon District Prosecutors' Office in addition to special larceny, etc., five times more.

【Criminal Facts】

On January 15, 2011, at around 16:30 on January 15, 201, the Defendant: (a) opened a window with a gas pipeline up and intruded into the house with a precious metal equivalent to one million won in cash and one million won in the market price, such as gold bags, owned by the victim located in the Gunn-si, Sinpo-si; and (b) cut and stolen the gas pipeline at the victim D’s house in the Gunn-si.

In addition, the defendant from January 15, 201 to the same year.

3. Until April, 14, the victims were stolen of the total sum of 1,0480,000 won habitually over 12 occasions, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E, F, G, H, D, I, J, K, L, and D;

1. A written statement of M, N,O, and P;

1. The purchase account book and the ledger of pawned articles;

1. Police seizure records;

1. All on-site photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (report attached to the judgment, report on the results of confirmation prior to the disposition, and report on the date of release);

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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 and Article 329 of the Criminal Act concerning criminal facts;