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(영문) 서울북부지방법원 2016.09.22 2016고단2103
상습절도등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized divers (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 3, 2008, the Defendant was sentenced to a suspended sentence of imprisonment for six months in Seoul Western District Court on June 4, 2015 for attempted larceny, etc. at night, and the judgment became final and conclusive on October 2, 2015.

At around 16:00 on December 23, 2015, the Defendant opened and intruded an inner window that was not corrected at the victim D’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and 302, and then stolen with approximately KRW 300,00, which was the victim’s possession ( approximately KRW 60,000), the Defendant used at the same time, as in [Attachment Table 1-1-12] to May 26, 2016, the Defendant committed an attempted act of 3,270,000 won or more in total by the same method, as in [Attachment Table 1-12] through the same method, and infringed upon the residence over 13 times in total, such as the theft list.

Accordingly, the Defendant violated ten victims' residence, and attempted to steals or steals money and valuables worth KRW 3,270,000, which are owned by the victims habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement of E, D, F, G, H, I, J, K, L, and M;

1. All on-site photographs;

1. Photographs of seized articles;

1. A protocol of seizure and a list of seizure;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to the previous conviction in the same case), the text of the judgment, a report on investigation, and a report on the results of confirmation of the previous conviction in the disposition;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes committed over 12 times in the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 332, 329, and 342 of the Criminal Act (including habitual larceny and comprehensive theft), Article 319 (1) of the Criminal Act (with regard to intrusion upon residence), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The following circumstances and reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows.

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