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(영문) 서울서부지방법원 2016.05.25 2016고합78
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

On the date of seizure, the Raberber (No. 2), the co-rating rope, one square meter (O. . 3).

Reasons

Punishment of the crime

[criminal records] On February 1, 1991, the defendant was sentenced to imprisonment for one year with prison labor for larceny, etc. at the Incheon District Court on June 8, 1995; imprisonment for ten years with prison labor for larceny, etc. at the Seoul District Court on October 17, 1997; imprisonment with prison labor for three years for larceny, etc. at the same court on November 16, 2001; 10 years for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at resident support at the Daegu District Court on November 16, 2001; imprisonment with prison labor for three years at the Seoul District Court on June 3, 2015; and completed the last sentence on October 18, 2015.

[2] On February 6, 2016, at around 13:00 to 14:00, the Defendant: (a) opened the Victim D’s Branch in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) opened the crime prevention window of toilet windows; and (c) intruded into the house through the window, and went into the house; and (d) opened the house through the window, and had 7 precious metals, such as 160,000 won at the market price of the victim’s possession on his/her book, and 14K posts equivalent to one million won at the market price, and 1.6 million won at the market price.

From that time until March 8, 2016, the Defendant habitually stolen property worth KRW 19,770,000,000, which is the total market price of the victims, over ten times, such as the [Attachment Table] Nos. 1 to 5, 7, 8, 10, 11, and 13, and infringed upon the victims’ residence, for three times, such as the [Attachment Table Nos. 6, 9, and 12].

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement of F and G victims, H, I, J, K, L, M, N,O, P, and Q;

1. A report on occurrence (thiefs Nos. 35), a report on results of field identification (Evidence List Nos. 38), an investigation report (victim’s R Statements), an investigation report (Confirmation of damaged things), an investigation report (Hearing of the victim’s statements) and an investigation report (Hearing of the victim’s statements by an excursion ship);

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

1. Previouss before ruling: A reply to inquiry, such as criminal history, investigation report (the date of confirmation of the date of release from office and attachment of relevant decisions, and the person who received the decision.

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