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(영문) 서울동부지방법원 2014.07.11 2014고합183
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Search and seizure even one even (Evidence No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 14, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Eastern District Court. On August 18, 2011, the Seoul Eastern District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on June 26, 2013, and the same criminal records were added

On November 5, 2013, at least 16:15, the Defendant: (a) opened a bend window in Gangdong-gu Seoul Metropolitan Government C Apartment 227,26, 106, which was not corrected between the victim D’s attendance at the victim’s home; and (b) invaded into the victim’s home, and attempted to steal or steal the property worth KRW 1,80,000 in total, including 1,80,000,000, the market price of which was at least KRW 500,000,000, and one half of the total market price of KRW 500,000,000, as indicated in the attached list of crimes, on 22 occasions, including the following:

As a result, the defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and tried to steals or steals the victims' property again within three years after the execution of the sentence was completed, but did not result in attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, V, W, X, and Y;

1. Each investigation report (the confirmation of the amount of damage, investigation of damaged articles, investigation of victimized articles against the victim, addition of damaged articles and change of the market price, confirmation report on the amount of damage, etc., and report on the repreparation of a list of crimes);

1. Each protocol of seizure and each seized article;

1. Existing existence of one even one even (No. 1) of the seized wall;

1. Before judgment: Criminal records, personal identification and confinement status, investigation report (report attached to a judgment) and judgment;

1. Habituality of judgment: Each criminal history, method of crime, frequency of crime, and the same kind of crime as indicated in the judgment;

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