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(영문) 서울중앙지방법원 2014.07.11 2014고합157
특정범죄가중처벌등에관한법률위반(절도)
Text

The punishment of the accused shall be determined by six years of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2005, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Suwon District Court. On May 29, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the same crime and completed the execution of the sentence in the Net Prison on August 31, 2010.

【Criminal Facts】

1. On August 15, 2013, around 19:30 on August 15, 2013, at the victim D's house located in Seocho-gu Seoul Metropolitan Government C apartment, Seocho-gu 102 Dong 101, cut a small crime prevention window by using the cresh in the victim's house, and intrudes into the house by using the cresh in an influorial manner, the Defendant carried out three 40D carra, 1D MK 4 carra, glars, and glars with approximately KRW 7.7 million at the victim's market price in the room.

2. On November 24, 2013, the Defendant: (a) at the victim F’s house located in Seocho-gu Seoul Metropolitan Government E Apartment and 336 dong 106, the Defendant broken up the window of an inner glass by using the cresh of the victim’s house and intruded into the house; (b) carried out one roex with which the market price owned by the victim cannot be ascertained.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Each statement of H, D, and G;

1. Certification of seizure, each protocol of seizure and the list of seized articles, photographs of seized articles and submission at will;

1. Requests for the provision of communication confirmation, each report on the occurrence of a crime, investigation report (the confirmation of the victim's DNA damaged goods), request for cooperation in investigation (a certified copy, etc. of resident registration), report on internal investigation (ex-site exit and hearing of damage situations, background leading to intelligence, etc., CCTV perusal), report on results of field identification, and request

1. Requests for genetic testing, reports on requests for appraisal, and reports on requests for appraisal, identification of the details of processing of cases related to the DNA consenters, and written appraisal;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and accompanying materials;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history, method of commission of crime, and the same kind of crime in the judgment are committed repeatedly and repeatedly;

1. Criminal facts;

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