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(영문) 서울남부지방법원 2017.01.26 2016고합591
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 7, 1995, the Defendant was sentenced to one year of larceny, etc. at Seoul Southern District Court; on October 23, 1997, the Defendant was sentenced to one year of imprisonment with prison labor for night intrusion larceny at the Seoul Southern District Court; on December 17, 1998, the Defendant was sentenced to one year and six months of imprisonment with prison labor for an attempt to commit night intrusion larceny at the Seoul Southern District Court; on June 12, 2001, the Seoul Southern District Court 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 Southern District Court on December 17, 2003; and on May 3, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and was sentenced to three years of imprisonment with prison labor at the Seoul Southern District Court on May 3, 2006.

On January 31, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and completed the execution of the sentence at the Clean Women’s Prison on November 5, 2015.

Around November 28, 2016, the Defendant discovered that the fluence was not set off at the victim D's house located in Geumcheon-gu Seoul Metropolitan Government, and did not commit an attempted crime, even if the Defendant was caught into the fluence house, by opening the fluence door in order to steals the object, and by impairing the fluences into the fluence house in order to steals the object.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on investigation (with regard to field appointment and identification), and a report on investigation (to hear statements from a victim by telephone);

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), three copies of the judgment, and the current status of personal expropriation;

1. Habitualness of the judgment: The recognition of the habition [the victim] caused by the suppression of the resistance and the escape of the resistance on November 28, 2016, taking into account the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes committed several times.

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