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(영문) 서울남부지방법원 2017.07.19 2017고단2661

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On January 21, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, on September 30, 2011, and was sentenced to three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and on February 16, 2016, on December 3, 2016, the Seoul Southern District Court sentenced the Defendant to one year and two months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and completed the execution of the sentence at the Gwangju District Court on December 3, 2016.

[Criminal facts]

1. On May 27, 2017, around 00:30 on May 27, 2017, the Defendant: (a) opened the window frame in the “E” operated by the victim D in Guro-gu Seoul Metropolitan Government; and (b) invaded inside the window; (c) attempted to steal the victim’s property but failed to discover it; and (d) attempted to steal the victim’s property.

2. On May 27, 2017, at around 01:00, the Defendant: (a) exceeded the “H” operated by the victim G in Guro-gu Seoul Metropolitan Government F; (b) opened the window frame of a container not locked and intruded inside; and (c) cut off with approximately KRW 4,000 of the market price owned by the victim in the air conditioners.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. A report on internal investigation (the perusal and confirmation of CCTV images for committing a crime);

1. A report on the results of field identification;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (investigation report on criminal history) statute;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Articles 342 and 330 of the Criminal Act (the point of attempted larceny of a repeated crime), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act concerning the crime (the point of larceny of a repeated crime);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of applicable sentences by law: Imprisonment for one year to 25 years; and

2. The sentencing guidelines shall be recommended; and