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(영문) 서울북부지방법원 2014.01.07 2013고단2850
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On September 4, 2007, the defendant was sentenced to imprisonment for six months with prison labor for larceny at the Jeju District Court; six months with prison labor for larceny at the same court on December 26, 2007; four months with prison labor for larceny at the same court on August 31, 2010; on September 15, 2011, the same court was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on February 6, 2013, the execution of the sentence was completed at the Jeju Correctional Institution; and on August 13, 2013, the same court was issued a summary order of one million won with prison labor for larceny.

At around 02:50 on November 12, 2013, the Defendant: (a) discovered that the door of the victim E, which was parked in the first floor parking lot of the above D building, was unlocked; (b) opened the door and opened the door to the head, 50 out of 20,000 won of the market price owned by the above victim, and 180,000 won of the market price, 180,000 won of the market price, and 20,000 won of the market price, after opening a verification color equivalent to 30,000,000 won of the market price.

On November 8, 2013, the Defendant: (a) habitually committed 21 times during the period from around 24:00 to from around 24:00, the Defendant attempted to steals the victims’ property or property equivalent to the total market value of KRW 298,190 by the following means:

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each protocol of seizure, the list of seizure and each photograph thereof;

1. Previous records: Criminal records, etc. inquiry reports, written judgments, and personal identification and confinement status;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as stated in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 and Article 329 of the Criminal Act concerning the criminal facts;

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