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(영문) 서울중앙지방법원 2015.11.10 2015고단2725

상습절도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

On January 3, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor in Seoul Central District Court for larceny, etc., and on July 2, 2013, in addition to the completion of the execution of the sentence in a female prison on July 2, 2013, the same type of criminal records has been added

On April 6, 2015, at around 12:04, the Defendant: (a) cut off the c apartment 29 Dong 1309 at the victim D’s residence in Gangnam-gu Seoul, Seoul; (b) opened the c apartment 29 Dong 1309 by using the pipe cutting machine; (c) intruded into the house; and (d) opened the window and intruded into the house; and (d) opened four money and valuables equivalent to KRW 1.8 million in total at the market price of the victim’s market price, which is the victim’s possession kept in the inner eromon erode, and opened four money and valuables equivalent to KRW 500,000,000 from June 12, 2014 to April 21, 2015.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including the E-statement);

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

1. Each written statement of D, K, L, M, N,O, P, Q, R, S, T, U,V, W, and X;

1. The actual condition survey report;

1. On-site photographs and closure photographs;

1. Previous records: Criminal records and other inquiry reports, written judgments, investigation reports (verification, etc. of the date of release A of a suspect);

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

1. Relevant Article 332 of the Criminal Act and Articles 32 and 329 of the Criminal Act (generality, habitual larceny and choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act is that the defendant cut off the crime prevention window by using a pipe cutting machine, and then intruded upon the residence and committed the theft crime of this case. In light of the method of the crime, the attitude of the act, etc., the crime is very serious.