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(영문) 서울서부지방법원 2013.05.09 2013고합80
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 2, 2004, the Defendant was sentenced to a suspended sentence of 2 years at Seoul Western District Court for larceny. On September 26, 2006, the Defendant was sentenced to a suspended sentence of 1 year and 6 months for a crime of larceny.

After that, on November 20, 2009, the same court was sentenced to imprisonment for two years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on November 22, 201.

1. Around 23:00 on January 30, 2013, the Defendant intruded into the above office through an adjacent vacant house operated by the victim D in Mapo-gu Seoul Mapo-gu, Seoul, with a total of KRW 1,265,100, the market price of the victim’s property owned by the victim at the place was approximately KRW 10,00,000, as shown in the list of crimes in the attached Table between around nine times and March 16, 2013.

2. On March 6, 2013, at around 01:00, the Defendant came to “Hza” operated by the victim G in Jung-gu Seoul, Jung-gu, Seoul. Around 01:00, the Defendant: (a) shouldered the entrance door glass and carried money and valuables owned by the victim; (b) however, the Defendant did not come to the wind that the emergency bell was sound with the glass.

Accordingly, the defendant habitually stolens or attempted to steals the victims' property more than ten times in total, and did not commit the attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to I, J, G, and K of the police preparation;

1. Each protocol of seizure;

1. Each statement in preparation of D, L, M, N,O, and P;

1. All on-site photographs and CCTV photographs;

1. Previous convictions in judgment: Inquiries, investigation reports ( current status of personal identifications, attachment of court rulings);

1. Habituality: as stated in its reasoning.

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