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(영문) 서울서부지방법원 2018.01.17 2017고단3783
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Force” On February 11, 2015, the Defendant was sentenced to a suspended sentence of ten months in Seoul Western District Court due to intrusion upon a structure at night, larceny, etc. on October 1, 2015; on July 1, 2015, the Defendant was sentenced to six months by imprisonment with prison labor for larceny at night in the same court; on December 7, 2016, the Defendant was sentenced to six months by imprisonment with prison labor for larceny at the same court; and on April 8, 2017, the execution of the sentence was completed.

【Criminal fact-finding on October 2017, the Defendant intruded into the construction site of a newly-built Y, which is managed by the victim Z in Eunpyeong-gu, Seoul, and moved from the first to the sixth to the sixth floor in order to operate the electric boat, and extracted from the wall surface of each of the above floors on several occasions the RV old electric wires owned by the victim, which were installed on the wall of the above floors, to operate the electric boat, and carried approximately KRW 2 million in total at the market price over several occasions.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the structure managed by the victim at night.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police concerning the Z;

1. Previous records of judgment: Inquiry into criminal records, report on investigation (verification of records of repeated crimes of the same kind, and filing of the relevant written judgment, such as a copy of the relevant written judgment), and application of statutes

1. Article 5-4 (5) 1 and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The punishment shall be imposed in consideration of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is recognized and reflected, the damage has not been recovered, the extent of damage, the criminal history and the defendant's age, sex, environment, circumstances after committing the crime, etc.

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