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(영문) 서울북부지방법원 2015.12.15 2015고단3726
상습절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 19, 198, the Defendant was sentenced to 10 months of imprisonment with prison labor in the Seoul Southern District Court due to night intrusion and larceny, etc., and one year and six months of imprisonment with prison labor in the Seoul Southern District Court on September 15, 1999. On December 5, 2003, the Seoul Southern District Court sentenced 1 year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on December 5, 2003. On May 25, 2006, the Incheon District Court sentenced 1 year and four months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon Southern District Court on January 31, 2008.

After that, on November 7, 2012, the Seoul Southern District Court sentenced one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on February 4, 2014.

1. On October 10, 2015, around 07:30 on October 10, 2015, the Defendant invadedd the victim’s residence by entering the victim’s room via the entrance door, which was opened to the victim D’s house located underground in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with an intention to steals property.

2. On October 10, 2015, around 07:30 on October 10, 2015, the Defendant habitually stolen: (a) entered the victim D’s house located under the Seongbuk-gu Seoul Southern-gu Seoul, to the victim’s room as prescribed in paragraph (1); and (b) took the victim’s wall back to the victim’s wall and carried 4,000 won in cash, which is one of the victims’ possession.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. CCTV image data and on-site photographs;

1. Hearing the phone statement of police officers E in the first mobilization;

1. Previous records of judgment: Criminal history records, personal identification and confinement status, investigation report (Attachment of criminal records and related precedents of a suspect), and six copies of judgment;

1. Habituality of the judgment: The records of each crime, the frequency of crimes, and the frequency of crimes in the judgment;

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