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(영문) 서울서부지방법원 2013.07.17 2013고단841
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The evidence seized shall be confiscated from the accused;

Reasons

Punishment of the crime

[criminal power] On June 11, 2003, the Defendant was sentenced to one year of imprisonment for larceny, etc. at the Daegu District Court, and two years and six months of imprisonment at the Gwangju District Court on June 16, 2010, for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), respectively, and completed the execution of the final sentence at the Heung prison on July 24, 2012.

【Criminal Facts】

On February 4, 2013, at around 13:00, the Defendant: (a) concealed the computer parts from the victim D, operated by Seodaemun-gu Seoul, Seodaemun-gu, to 303, and intruded into the room, by pretending the victim to steals; (b) dismantled the computer installed in that place; and (c) cut off the computer into the bank that prepared 10 points of the computer parts of the market value of KRW 820,000,000, including two hard diskss owned by the victim, in advance.

In addition, the Defendant stolen the computer parts worth KRW 8,310,00 in total by the same method over 10 times, as shown in the annexed crime list, from around that time to April 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of the police officer made to D, F, G, H, I, J, and K;

1. Lritten statements;

1. Police seizure records;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and investigation reports (report on the confirmation of repeated crimes);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each 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 and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act concerning the crime (with regard to each crime committed on the market, choice of limited imprisonment, including each crime);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the criminal defendant repents his error in depth);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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