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(영문) 서울동부지방법원 2012.10.25 2012고단2162
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 1 through 4, each of subparagraph 6 shall be confiscated.

Reasons

Criminal facts

On December 21, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on December 21, 2004, and one year and six months from Seoul High Court on January 17, 2008 to the same crime, respectively. On November 13, 2009, the Defendant was sentenced to imprisonment with prison labor for a quasi robbery at the Chuncheon District Court on November 13, 2009 and completed the execution of the sentence in the original prison on October 10, 201, and the same criminal records are added five times.

1. On August 24, 2012, at around 19:30 on August 24, 2012, the Defendant confirmed that the Defendant 302 was cut to the house of the victim D, the third floor of which was located in Gangdong-gu Seoul, Gangdong-gu, Seoul. The Defendant: (a) loaded the gas pipeline installed on the outer wall of the building, up to the small bank window; (b) invaded into the heated small bank window; and (c) intruded the victim’s market price, the sum of which is equivalent to 3 million won in total, of the market price owned by the victim at the same time on the fence, one string, one string, one string, one wring, three wring, three string, three string, and one string, etc.

2. On August 24, 2012, at around 20:07, the Defendant confirmed that the 401th floor of the victim E-Ba, Gangdong-gu, Seoul, was cut off to the house of the victim F, the fourth floor of which was 401, and that the Defendant used the gas pipeline installed on the outer wall of the building, laid off the window of the 401 washing room, and intruded into the window of the heating laundry room, and then cut off the gas pipeline via the window of the laundry room, the sum of market prices owned by the victim and owned by the victim in the inside laund, at least 1,440,00 won.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Each protocol of seizure and the list of seizure, and the application of each Act and subordinate statutes governing investigation reporting;

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

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