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(영문) 서울서부지방법원 2015.10.29 2015재고단44
상습절도
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On July 22, 1988, the Defendant was sentenced to seven years of imprisonment with prison labor for special robbery at Seoul Eastern District Court on June 3, 1994, sentenced to five years of imprisonment with prison labor for special robbery at Seoul Northern District Court on October 26, 2001, sentenced to five years of imprisonment with prison labor for special robbery at Seoul Northern District Court on April 10, 2008, and completed the execution of the sentence at Seongdong-gu Northern District Court on September 6, 2008.

【Criminal Facts】

On November 22, 2010, the Defendant intruded into the victim D, who was in the domestic cremation room, through the bend window of the building 301 in Eunpyeong-gu Seoul Metropolitan Government, on November 22, 2010, using one set of Damond 1,500,000 won in the market price of the victim D, which was in the domestic cremation room, one set of 14K in the market price of 500,000 won, one set of 14K women's gold bars equivalent to 50,000 won in the market price, one set of 1,70,000 won in the market price, one set of 1,000 won in the current market price, and one set of 1,70,000 won in the net gold market price, and 1,000,00 US dollars 2,568,00 won in total.

In addition, from that time until April 13:50 on April 7, 2011, the Defendant habitually stolen precious metals, etc. equivalent to KRW 32,50,000,000 in total, from that time to that time, or attempted to steal money and valuables, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, D, G, H, I, and J;

1. The photograph, records of seizure and the list of seizure;

1. Criminal records, etc., personal identification, and current status of confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Articles 332, 329, and 342 of the Criminal Act inclusive of the pertinent Articles of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of recommending sentence].

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