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(영문) 서울북부지방법원 2016.05.20 2016고단1088

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

The seized evidence No. 1 through 3 shall be returned to the person who has lost the name of the injured party.

Reasons

Punishment of the crime

[2] On October 22, 2003, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on October 22, 2003; on November 29, 2005, the Defendant was sentenced to eight months of imprisonment with prison labor for an attempt to larceny at night in the Gangwon District Court's Gangnam Branch on August 18, 2006; on October 31, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on October 31, 2008; on May 24, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on January 17, 2013; on January 17, 2013, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court on January 26, 2016.

[Criminal facts]

1. On March 2016, the Defendant: (a) opened the second floor of the building in front of the building in which the name is unknown, which was returned to the middle and middle 23:00 of Seoul Jongno-gu; and (b) opened the entrance door of the second floor of the building in which no correction is made; and (c) opened the door door of the building in front of the building in which the name is unknown; and (d) opened the door door of the building in which the number of the victim’s name is unknown; and (d) used one gold string, in which the market price on the part of the victim’s name is unknown, and one string and one painting.

2. On March 22, 2016, the Defendant entered the “F” operated by the victim E in Dongdaemun-gu Seoul Metropolitan Government on March 22, 2016, and opened a credit cooperative in the victim’s place to repair the uriba, and 230,000 won in cash owned by the victim.

As a result, the defendant has been sentenced to imprisonment not less than three times with prison labor due to larceny and has committed larceny again within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Police seizure records;

1. Victims, precious metals and precious metals possessed by the victim;