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(영문) 서울남부지방법원 2017.10.10 2017고단4259

특정범죄가중처벌등에관한법률위반(절도)

Text

1. The defendant shall be punished by imprisonment for one year;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

[criminal records] On August 22, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and on August 28, 2014, the Defendant was sentenced to a six-month suspended sentence of imprisonment with prison labor for larceny, etc. at the Suwon District Court, which became final and conclusive on December 8, 2014, and was released on April 30, 2015 during the execution of each of the above sentence at the Seoul Detention Center, and the parole period was expired on May 9, 2015. On November 3, 2016, the Defendant was sentenced to a four-month sentence of imprisonment with prison labor for larceny and completed the execution of the sentence at the Sungsung Vocational Training Institution on December 28, 2016.

[Criminal facts] The Defendant, entering an apartment underground parking lot, stolen things in an unrectable vehicle.

1. On August 20, 2017, around 02:03, the Defendant: (a) opened a door in which the Defendant intruded into the parking lot of the first floor, 504-dong, Guro-gu Seoul Metropolitan City, and parked there; and (b) up to KRW 80,000 in cash, for the victim E-owned, three fishing banks, three fishing times, two fishing boats, two fishing boats, one fishing boat, one PC in cash.

(E) steals property equivalent to a total of 1.5 million won;

2. Around 02:14 on the same day, the Defendant continued to open a string door owned by the victim F, who was parked in the lower lower lower lower-class parking lot on the same day, and attempted to steals goods, but did not take any things to be brought up.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, but he again committed larceny (including theft) within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), investigation report (the confirmation of the date of release from the court), and Act and subordinate statutes;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act regarding the crime.