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(영문) 서울남부지방법원 2015.05.07 2014고합580
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

A semi-refluent fluence (No. 2) seized shall be confiscated.

Reasons

Punishment of the crime

On September 18, 1998, the Defendant was sentenced to one year and six months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protective custody by the Seoul Central District Court. On August 11, 2005, the Seoul Central District Court sentenced one year and six months of imprisonment with prison labor due to night intrusion theft at night, and on August 11, 2005, more than four times the record of having been sentenced to imprisonment with prison labor due to night intrusion theft or its attempted crimes, and on January 19, the Seoul Southern District Court sentenced two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court on January 19, 2012.

1. The Defendant who attempted habitual night theft was habitually, around 03:20 on September 18, 2014, and around 03:20 on September 18, 2014, and around the house of the victim D (Nam, 36 years of age) of Gangseo-gu Seoul Metropolitan Government C apartment 303. In order to steal another’s goods, the Defendant intruded into the house through a living room bed in the living room, and the Defendant was not committed but attempted by the victim, who discovered the Defendant by listening to the sound of the living room’s window in which the victim discovered the Defendant “Do Do Do gate”, and by getting out of the gas pipeline as it was, and getting out of the living room with the first floor.

2. On September 18, 2014, around 04:10 on September 18, 2014, the Defendant attempted robbery: (a) invaded into the victim E and 301 (ma, south, and 36 years of age) through gas pipes or through the main benda window; (b) but, in order to steal another’s goods, the Defendant abused the victim’s knifeing the knife with the knife of the knife in the ward and discovered the knife in the lock; and (c) assaulted the Defendant’s knife with a view to evading arrest of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Records of seizure and the list of seizure, appraisal records, and DNA information of the detained suspect;

1. A written opinion, a standing photograph, and a photo of the offender on the C apartment CCTV;

1. A previous conviction in judgment:

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