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(영문) 서울남부지방법원 2016.09.23 2016고합379
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence as referred to in subparagraphs 1 through 15 shall be confiscated.

Reasons

Punishment of the crime

On April 23, 2004, 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 (Larceny) in the assistance in Ansan-si District Court of the Republic of Korea on April 17, 2008; on April 17, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Jung-gu District Court of the Republic of Korea on June 18, 2015; on April 8, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act (Larceny) at the Seoul Southern District Court of the Seoul Southern District on April 22, 2014; on June 18, 2015, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Southern District Court of the Republic of Korea on the said judgment and the judgment became final and conclusive on July 22, 2015.

On February 29, 2016, after being sentenced to two years of imprisonment, the execution of the sentence was completed in Daejeon Prison.

On May 9, 2016, the Defendant entered the victim D located in Guro-gu Seoul Metropolitan Government, and opened a door by inserting it between the entrance, and entered into the door, and thereafter, approximately KRW 5,200,000 won in total (the victim’s assertion) of the market price at the location of the west, etc. (hereinafter “victim”), three gold tamps, nine gold tamps, nine gold tamps, and three gold tamps.

The defendant, including this, from that time to that year.

7. Until 13. Before 13. A total of 22 times, the total market value of 4,6480,000 won (each victim’s assertion) was stolen and attempted to steals property over a total of eight occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, D, G, H, I, J, K, L, M, M, P, Q, Q, R, S, T, V, W, X, Y, Z, AA, AB, AC, AD, AD, AE, AF, AG, and AH;

1. Seizure records;

1. A report on the results of field identification and a written appraisal;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, current status of personal confinement, and judgment;

1. Habituality: The defendant has been habitually punished several times by committing the larceny.

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