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(영문) 서울중앙지방법원 2013.05.30 2012고합1744

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

The prosecution against attempted rape in the facts charged of this case is dismissed.

Reasons

Punishment of the crime

[criminal power] On December 28, 2004, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daejeon District Court, and on August 16, 2005, at the same court on May 17, 2007, to imprisonment with prison labor for the same crime, two years and six months, and one year and six months, respectively, and the execution of the sentence was completed by the Suwon District Court on September 7, 2009 with prison labor for the same crime. On March 30, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime and on August 17, 2012 by the same court on August 17, 2012.

【Criminal Facts】

Defendant, habitually,

1. On October 31, 2012, around 11:46, in the Gangnam-gu Seoul Metropolitan Government, the victim’s “F” within the scope of “F” managed by the victim Party E intrudes the wall, and then cut off three million won in cash, and one part of the unexploied part of the market price within the room of the grix located within “F” and the victim’s name, respectively;

2. On November 28, 2012, around 18:30 on November 28, 2012, at the place indicated in paragraph (1), the victim E went to the “F” managed by the victim and intrudes the wall, and then, the bank failed to commit an attempted act, even though it attempted to steal money and valuables by breaking the shoulder head and clothes located within the “F” boundary of the name in the “F,” but did not go to the wind so far as the credit was discovered to clean the e-mail.

Accordingly, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution thereof is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of E;

1. CCTVs at each site ( October 31, 2012, November 28, 2012);

1. Before judgment: Criminal records, previous records of disposition, report on results of confirmation, report on investigation (Attachment to a copy of judgment), and copy of each judgment and current status of confinement of personal data;

1. Habituality: The records of each of the crimes in the holding, the number of crimes, and