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(영문) 인천지방법원 부천지원 2015.04.10 2015고단54
상습절도
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On February 10, 2012, the Defendant was sentenced to four months of imprisonment by night buildings, intrusion, theft, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention Center on the same day. On May 16, 2012, the Seoul Western District Court sentenced the Defendant to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on May 16, 2012, and completed the execution of the sentence at the Seosung Vocational Training Correctional Institution

【Criminal Facts】

At around 02:00 on November 23, 2014, the Defendant: (a) opened a toilet door and intruded into the e-cafeteria operated by the victim D located in Yacheon-gu, Yacheon-gu; and (b) cut off KRW 80,000 in cash, which was owned by the victim at the Kabter’s depository.

In addition, between November 23, 2014 and December 31, 2014, the Defendant attempted to steal or steal money and valuables equivalent to KRW 5,552,50,00, which the victims owned at night, on 43 occasions, by destroying and damaging part of the structures, such as door-to-door, or by intrusion upon a structure at night, or by intrusion upon a structure during night, as stated in the list of crimes committed by the Defendant.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each written statement of G, H, I, J, K, M, M, N, P, Q, R, T, U, V, W, X, Y, Z, AB, AC, AD, AE, AE, AH, AI, AJ, AJ, AK, AK, Amm, AM, AM, AP, AP, Q, AS, ATS, AU, and AV;

1. Statement of seizure of each police;

1. Investigation report (Attachment of a photo at the scene of damage);

1. Previous convictions in judgment: Criminal records and investigation reports (the same type of judgment and attached documents to the personal identification and confinement status);

1. Application of Acts and subordinate statutes to dampness in light of the records of each crime, the records of the same crime, the methods of each of the crimes of this case, and the planned and systematic repetitions of each of the crimes in the judgment of habituality, etc.;

1. Article 332 of the Criminal Act; Article 342 of the Criminal Act; Article 342 of the Criminal Act; Article 329 and Article 329 of the Criminal Act.

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