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(영문) 서울동부지방법원 2014.01.24 2013고합353
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for five years.

The seized type of scams shall be one (No. 3), one Jin-scams shall be one (No. 4).

Reasons

Punishment of the crime

On May 26, 199, the Defendant was sentenced to imprisonment with prison labor for 10 years with prison labor for larceny, etc. at the Incheon District Court on May 26, 199; imprisonment with prison labor for 3 years and 6 months at the Seoul High Court on October 13, 200; imprisonment with prison labor for the same crime at the Suwon District Court on March 30, 2004; imprisonment with prison labor for 3 years and 6 months at the Suwon District Court on April 16, 2009; and completed the execution of the sentence on August 31, 2013.

At around 00:40 on November 7, 2013, the Defendant used a cutting machine prepared in front of the victim E’s residence in Gwangjin-gu Seoul Special Metropolitan City, Seoul, to cut part of the crime prevention windows and to open a maid room and intrude into the inner bank, and then, the Defendant stolen the Defendant’s property worth KRW 1.4 million in total at the market price, such as one hump and one hump.

The Defendant habitually stolen property worth KRW 1,390,000,000,000 from October 201, 2013 to November 11, 2013, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Each statement of G, H, C, and I;

1. Reports on each occurrence, reports on results of field identification, site photographs, records of seizure, list of seizure, photographs, and criminal investigation reports (related to addition of damaged C products);

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (Attachment to the previous records and investigation reports of a suspect A);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing larceny shall apply in light of the fact that he/she was sentenced to punishment for the same crime, method of crime, frequency of crime, and the same kind of crime as indicated in the judgment and again commits the crime of this case within the period of repeated crime after the execution of

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the relevant criminal facts and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment

1. The Criminal Act among repeated crimes;

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