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(영문) 서울북부지방법원 2015.06.12 2015재고단17
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence as referred to in subparagraphs 11 through 13 and 15 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On May 29, 1969, the defendant was sentenced to a suspended sentence of 1 year for a crime of larceny at the Seoul Central District Court, sentenced to 8 months of imprisonment for a crime of larceny at the Seoul Central District Court on December 22, 1971, sentenced to 2 years and 6 months of imprisonment for a crime of larceny at the Seoul Central District Court on February 27, 1976, sentenced to 2 years and 6 months of imprisonment for a crime of larceny at the Seoul East East District Court on January 23, 1979, sentenced to 2 years and 6 months of imprisonment for a crime of habitual larceny at the Seoul Central District Court on September 24, 1982, sentenced to 10 months of imprisonment for a criminal of larceny at the Incheon Central District Court on April 6, 198, sentenced to 10 months of imprisonment for a criminal of larceny at the Seoul Central District Court on October 11, 2002, sentenced to the Seoul Central Correctional District Court on March 13, 19, etc.

【Criminal Facts】

On June 16, 2014, around 10:0 on June 16, 2014, the Defendant habitually laid down the dust prepared in Seongbuk-gu Seoul Metropolitan Government and the third floor victim D's house, and then intruded into the locker crepit, damaged the locker locker, and then intruded into the locker 13 ear (14 k) owned by the victim in the domestic cremation box at the place, and cut off the ear (14 k), with two ebbs, two ebs, one Jinter, one gold kbs, two gold kbs (14 k), and one ebs (14 k), with the sum of 1,50,000 won in precious metal and 17,000 won in cash on the left part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. The police seizure record and the list of seizure, each photograph thereof;

1. Records of judgment: Criminal records, etc., inquiry reports and written judgments;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the method of crime;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. Articles 35 and 42 of the Criminal Act among repeated offenders.

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