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(영문) 서울동부지방법원 2010.05.13 2010고단696
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 1 and 2 shall be confiscated, respectively.

No. 4, 6, 7 of seized evidence.

Reasons

Punishment of the crime

On December 20, 2006, the defendant was sentenced to a suspended sentence of six months for night intrusion larceny at Seoul Southern District Court, and on February 27, 2009, the defendant was sentenced to a suspended sentence of three years for one year of imprisonment at the general military court for the same crime and was sentenced to a suspended sentence of three years on March 7, 2009.

At around 13:00 on November 11, 200, the Defendant: (a) divided the first race into the victim D’s house located in the Busan Yagu, and confirmed that there is no person inside the house; (b) cut off the crime prevention window and intruded into the house into the house, and then cut off the property equivalent to 12.70,000 won at the market price, such as one, one, one, one, one, one, one, and one, one, half half of the 18K lux, and one, half of the 18K lux, and stolen it. From that point to March 12, 2010, the Defendant habitually stolen the property equivalent to 2,3480,000 won in total over 13 occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Protocol of the police statement concerning G;

1. Each statement of H, D, I, J, K, L, M, N,O, P, Q, and R;

1. A report on initial measures against thief incidents (record No. 181 pages of evidence);

1. Statement of seizure of each police;

1. Previous records: Criminal records and investigation reports (report attached to the rulings of a general military court);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010); Article 329 of the Criminal Act concerning the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (where the defendant is against himself/herself, and punishment is imposed for habitual larceny, it is the first time, and it is anticipated that the judgment of suspended execution will become null and void in its holding);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. It is so ordered as per Disposition for not less than Article 333(1) of the Return Criminal Procedure Act;

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