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(영문) 서울서부지방법원 2015.04.30 2015재고단2

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized evidence subparagraph 6 shall be confiscated.

Reasons

Punishment of the crime

Around 09:00 on December 25, 2013, the Defendant: (a) committed a restaurant of “E” in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Operation D’s 09:00; and (b) committed a theft of money and valuables by intrusioning the victim’s cresh in a third place; and (c) intruded with the locks of the above restaurant entrance, thereby cutting off the cash amounting to KRW 600,000,000 stored in the safe.

In addition, the Defendant committed a theft or attempted theft of property amounting to KRW 8,031,00 of the market price over 18 times from the end of November 2013 to March 18, 2014, such as the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A statement of damage from F, G, H, H, I, J, K, L, M, N,O, P, Q, R, and T;

1. Seizure records;

1. Investigation report (264 pages of investigation records);

1. Victim G or U’s hearing of statements (investigative records 312 pages);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Articles 332 and 329 of the Criminal Act concerning facts constituting an offense and Articles 332 and 329 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation / [Special Mitigation / Where a person has intruded into a place other than an indoor residential space (one to two years) in the basic area (one to six months) of types 4 of theft in general property (special mitigation / Where a person has carried a deadly weapon, or where a person has carried a deadly weapon, or where a person has intruded into a structure other than an indoor residential space [decision of sentence] of night-time destruction, residence intrusion, or night-time destruction, damage, etc. (part of a decision of sentence] of the defendant making a serious contrary to the defendant's intention while making a confession, the victim D, J, F, and K deposited some amount of damage, victim'sO, R, S, and T received the return of damaged goods, and the crime of this case is committed as the economic situation is not good.

However, the defendant is identical to that.