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(영문) 서울동부지방법원 2019.06.14 2019고단1266
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

On December 17, 2008, the Defendant was sentenced to ten months of imprisonment with prison labor for an attempted larceny at night at Seoul Southern District Court, and on February 29, 2012, the Seoul Southern 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). On January 26, 2016, the Defendant was sentenced to four 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 June 30, 2016, the Defendant was sentenced to one 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 Northern District Court at the Seoul Northern District Court on May 3, 2018; on September 18, 2018, the Defendant completed the execution of the sentence at the Ansan Prison.

Criminal facts

On March 31, 2019, at around 03:00, the Defendant discovered the fact that there was no correction of the window installed on the outer wall of Songpa-gu Seoul, Songpa-gu, Seoul, on the part of which the Defendant was on board the pipe installed on the outer wall, and intruded into it through the window, and then entered a small room by making use of the gap in which the victim E (n, 65 years old) was concentrating on TV viewing, and the face value owned by the victim, which was located at that place, was 10,000 won for merchandise coupon 2, cash 20,000 won for merchandise coupon 10,000 won.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, was invaded upon the victim's residence at night during the period of repeated crime and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Attachment of CCTV images related to crime-related crimes), investigation report (specific suspect), investigation report (Attachment of photographs of seized articles), investigation report (victim E telephone conversations);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment of the same criminal records and the judgment attached), and application of Acts and subordinate statutes certifying individual confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. Punishment on September 18, 201, among repeated crimes, Article 35 of the Criminal Act;

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