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(영문) 서울중앙지방법원 2013.10.14 2013고단5507

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On February 4, 1998, the Defendant was sentenced to a suspended sentence of 10 months in the Seoul Central District Court for the crime of larceny, etc., 2 years in the imprisonment with prison labor for 6 months in the Busan District Court on March 25, 2005, 2 years in the imprisonment with prison labor for the crime of special larceny, 3 years in the Ulsan District Court on October 11, 2005, 10 months in the imprisonment with prison labor for the crime of intrusion upon residence at the Seoul Central District Court on October 29, 208, and 1 year and 6 months in the imprisonment with prison labor for the crime of larceny, etc. at the Seoul Central District Court on October 28, 2010.

In addition, on August 14, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. by the Incheon District Court on August 14, 2012 and completed the execution of the sentence in the original prison on March 7, 2013.

On August 30, 2013, around 15:20 on August 30, 2013, the Defendant: (a) went beyond the body of the Victim D in Seongbuk-gu Seoul Metropolitan Government; (b) intrudes into the inside of the body through the window that has not been corrected; and (c) did not discover any stolen goods, but did not discover any stolen goods.

Therefore, the Defendant habitually attempted to steal the goods owned by the victim, and did not intend to do so, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Police seizure records;

1. Previous convictions in judgment: Criminal references and investigation reports (verification of the date of final release);

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 repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, the choice of limited imprisonment for a crime, and the choice of a sentence;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Reasons for discretionary mitigation);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [decision of types] is the basic area of larceny and repeated larceny (a person who is a special person].