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A defendant shall be punished by imprisonment for not less than three years and six months.
Seized evidence 1 to 6 shall be confiscated.
Seized evidence 7 to 34.
Reasons
Punishment of the crime
[criminal history] On July 27, 2007, the Defendant was sentenced to two years of imprisonment by the Seoul Northern District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On September 17, 2009, the Seoul Central District Court sentenced the Defendant to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on August 2, 2012.
[2] On January 9, 2013, at the victim D’s house located in Jongno-gu Seoul Metropolitan Government on January 12:10, 2013, the Defendant: (a) committed a theft with money and valuables equivalent to KRW 4,150,000,000 in total; (b) from December 14, 2012 to March 8, 2013, the Defendant used money and valuables equivalent to KRW 5,883,00 in total, including KRW 2,150,000,000, in front of 50,000,000, in front of 38,000 won, as indicated in the list of crimes in the attached Form.
Summary of Evidence
【Criminal Facts】
1. Statement by the defendant in court;
1. Each protocol concerning the examination of a police officer in relation to E, F, G, H, I, J, or K;
1. Each police statement made against L/M;
1. Each written statement of D, N,O, P, Q, R, S, T, V, X, Y, Z, AAB, AC, AD, AE, AE, AF, AH, AI, AJ, AK, AK, AM, N, AO, AP, AP, Q, AS, AS, and AV;
1. On-site photographs (the list Nos. 31, 35, 37, 40, 44, 68, 74, and 95) of each field, film booms of vehicles on the escape of a suspect, stampers of vehicles on the escape of a suspect, and CCTV data extracted at the scene of a crime A;
1. Protocols of seizure, list of seizure and photographs of seized articles;
1. Each investigation report (the number 2,106 Nos. 2 and 106 of the evidence list) /
1. In full view of the facts that the Defendant repeatedly commits each of the larceny crimes of the same case during the period of repeated offense, etc., the Defendant may be admitted as a habit of larceny, in view of the following: (a) inquiry about criminal history; (b) personal identification and acceptance status; (c) each of the criminal records as indicated in the judgment [Habitualness of the judgment]; and (d) the number and frequency of criminal offenses;
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act (generally, the choice of imprisonment with labor);
1. The Criminal Act for aggravated repeated crimes.