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(영문) 서울중앙지방법원 2018.01.31 2017고단8864

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

The rejection of seizure shall be one (Evidence No. 1), one string wall (Evidence No. 2), one string wall (Evidence No. 2), and black.

Reasons

Punishment of the crime

[criminal history] On June 7, 200, the Defendant was sentenced to imprisonment with prison labor for a special larceny, etc. at the Seoul Eastern District Court on January 23, 2002; imprisonment with prison labor for a special larceny attempted at the Seoul Eastern District Court on August 18, 2005; imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on August 5, 201; imprisonment with prison labor for a more than two years and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on October 2, 201; and imprisonment with prison labor for a more than three years and six years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on November 13, 2017.

[2] The Defendant, from around 04:45 on December 3, 2017 to around 05:15 on the same day, was at the “D” office located on the second floor of the Seocho-gu Seoul Metropolitan Government building C, Seocho-gu, Seoul, and destroyed the entrance door and locking system to one mix “D” (40cm in length) and entered the above office, and subsequently stolen the victims’ property over five times in total from around 01:02 on December 2, 2017 to around 05:15 of the same month, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, and J;

1. Police seizure records;

1. A report on results of field identification and on-site file reports;

1. Each investigation report and internal investigation report (on the day immediately preceding the date and time of the crime, the day and time of the crime, the confirmation of the time of the crime, etc., and hearing statements by telephone related to damaged articles);

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the same type of force and the date of release), and the current status of personal confinements;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed under the relevant provisions of the Act;

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. Article 48(1) of the Criminal Act of confiscation.