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(영문) 서울서부지방법원 2011.05.25 2011고단594

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On July 22, 198, the Defendant was sentenced to seven years of imprisonment for special robbery at Seoul High Court, and five years of imprisonment for special robbery at Seoul Eastern District Court on June 3, 1994; on October 26, 2001, the Defendant was sentenced to five years of imprisonment for special robbery at Seoul Northern District Court; on April 10, 2008, the Defendant was sentenced to six months of imprisonment for attempted robbery at the Seoul Northern District Court and completed the execution of the sentence at Seongdong-gu District Court on September 6, 2008.

On November 22, 2010, the Defendant intruded into the victim D, who was in the domestic cremation room, through the bend window of the building 301 in Eunpyeong-gu Seoul Metropolitan Government, on November 22, 2010, using one set of Damond 1,500,000 won in the market price of the victim D, which was in the domestic cremation room, one set of 14K in the market price of 500,000 won, one set of 14K women's gold bars equivalent to 50,000 won in the market price, one set of 1,70,000 won in the market price, one set of 1,000 won in the current market price, and one set of 1,70,000 won in the net gold market price, and 1,00,000 US dollars 2,568,00 won in total.

In addition, from that time until April 13:50 on April 7, 2011, the Defendant habitually stolen precious metals, etc. equivalent to KRW 32,50,000,000 in total, from that time to that time, or attempted to steal money and valuables, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. The photograph, records of seizure and the list of seizure;

1. Criminal records, etc., personal identification, and current status of confinement;

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, Articles 329 and 342 of the Criminal Act, the choice of imprisonment for a limited term concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;