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(영문) 서울남부지방법원 2015.06.19 2015고단1589
상습야간주거침입절도
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Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on January 20, 2005; on January 18, 2007, Defendant A was sentenced to eight months of imprisonment with prison labor for night-time larceny; on April 18, 2008, the same court was sentenced to eight months of imprisonment with prison labor for larceny, etc. on April 18, 2008; on February 6, 2009, the same court was sentenced to ten months of imprisonment with prison labor for an attempted larceny; on January 7, 2010, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Aggravated Punishment, etc. of Specific Crimes Act (Larceny); on May 23, 2012, the execution of the sentence was terminated on October 5, 2013.

【Criminal Facts】

1. Defendant A, around 22:00 on April 11, 2015, opened an unrected door 434 located in Mapo-gu Seoul, Mapo-gu, and intruded into such door, and committed 12 times in total as indicated in the attached list of crimes from March 20, 2015 to April 15, 2015.

Accordingly, the defendant habitually stolen or attempted to steals property owned by the victims more than 12 times in total, but did not bring about such intent.

2. Defendant B, around 10:00 on April 15, 2015, purchased 50,000 won for stolen goods by purchasing one telephone (the serial number 11 per annum of the crime day table of paragraph (1)) in the vicinity of the subway station located in Mapo-gu Seoul Metropolitan Government Nowon-gu, and the market price of the victim G that he stolen from the above Party A was equivalent to KRW 90,000 (the crime day table of paragraph (1)), knowing that it is stolen.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, and J;

1. Each statement in K, L, G, M, N,O, F, and P;

1. Police seizure records;

1. Each CCTV image photograph and CD;

1. Previous convictions in judgment: Criminal records, copies of written judgments, and current status of personal identification and confinement;

1. Habituality of the judgment:

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