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(영문) 서울남부지방법원 2015.04.24 2015고단683
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[criminal power] On September 28, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Seoul Central District Court on May 22, 2009, eight months of imprisonment with prison labor for night building intrusion larceny, ten months of imprisonment with prison labor for attempted larceny, etc. at the same court on May 27, 2010, and one year and six months of imprisonment with prison labor for the same court on March 21, 2013, and the execution of the final sentence on June 23, 2014.

【Criminal Facts】

1. On March 4, 2015, at around 18:45 ( around 18:28 of the sunset time), the Defendant intruded into the building Guro-gu Seoul, Guro-gu, Seoul, and came to have 15,000,000 won of the market price owned by the victim D, which was in front of the information center. Accordingly, the Defendant infringed on another person’s structure at night, and stolen the property owned by the victim. On March 13:29, 2015, the Defendant invaded into the building at night, and went to 1,00,000 won of the market price owned by the victim D, which was in front of the information center.

Accordingly, the defendant intruded on the structure managed by others, and stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The image of an electronic rail, field photograph, CCTV image data, and the shape at the time of arrest of the suspect, which is a damaged object;

1. Each investigation report (E-line statement, E-line statement hearing, confirmation of sunset time);

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (recognating and confirming repeated crimes, previous records and confirmation), copies of judgment, and current status of personal identification and expropriation;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 329, and 35 of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the facts constituting an offense, as well as the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes (Crime of Intrusion upon Structures)

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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