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(영문) 의정부지방법원 2016.11.01 2016고단3815

상습특수절도미수등

Text

A defendant shall be punished by imprisonment for two years.

A copy (No. 4) of civil retail (No. 4), which has been seized by the accused.

Reasons

Punishment of the crime

[criminal power] On November 27, 2003, the Defendant was sentenced to four years of imprisonment with prison labor for robbery in the government branch of the Seoul District Court for the crime of robbery, and on September 10, 2008, the same criminal records are more than five times in addition to the sentence of eight months of imprisonment with prison labor for special larceny in the Gangnam Branch Branch of the Chuncheon District Court.

【Criminal Facts】

1. From August 18, 2016 to 02:50 on August 18, 2016, the Defendant who attempted habitual special larceny: (a) opened the window burging net in an irregular manner in the victim D’s residence located in Speaker-si C; and (b) discovered stolen objects, the Defendant was discovered to the victim D and committed the attempted theft; and (c) from 02:50 on July 22, 2016 to 02:50 on the same year.

9. From 02:00 to 02:00, the victims’ property amounting to KRW 1,180,000 habitually total nine times in total, such as the list of crimes in the annexed sheet, was stolen or attempted to steals.

2. Around 05:50 on September 9, 2016, the Defendant, at the Government of the Republic of Korea, went back to the front door of the said victim’s house in order to arrest the Defendant who habitually commits a theft before the house of the victim F, in order to escape from assaulting and arresting him.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, H, I, J, F, and K;

1. Each statement of L, M, N,O, P, and Q;

1. Each protocol of seizure and each list of seizure;

1. A written appraisal of identification of the victim's residence and/or sufficient appraisal report;

1. A certificate of the results of creating the sea value;

1. An investigation report (as to the confirmation of the time from January to September 2016).

1. Seized articles and photographs;

1. On-site photographs, confirmation of CCTV 132 near the scene, investigation reports (the current status of the theft at night in the R and the image of data), CCTV images for crime prevention, images of CCTV for crime prevention, the location of the victim's house, and data confirming CCTV of the suspect, and photographs of the scene of the

1. Previous convictions indicated in judgment: Criminal inquiry reports and investigation reports (the same criminal records);

1. Habituality: A criminal record, etc. previously recognized by the defendant, which was punished for robbery, bodily injury, special larceny, etc., is again in a short period.