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(영문) 서울동부지방법원 2018.01.12 2017고합354
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Seized chains (hacks, Nos. 1), clives (Evidence No. 3).

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four years and six months of imprisonment with prison labor for habitual special larceny at the Seoul Central District Court on March 31, 2016 and completed the execution of the sentence on October 7, 2017 at the original prison. On February 10, 1999, the Defendant was sentenced to four years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court’s Branch Branch on September 10, 2004; and four times of imprisonment with prison labor for the crime of larceny, such as habitually sentenced to four years of imprisonment with prison labor at the Seoul Western District Court on November 20, 208.

[Criminal facts] On October 11, 2017, around 04:38, and around the house of the victim D with Seoul Gangdong-gu Seoul Metropolitan Government C and multi-household 202, the Defendant invadedd the main room through the exchange window of the organization, and the Defendant went to the main room. The Defendant went to the 6,511,000 won in cash and 1 million won in check at the home owned by the victim, which was kept in the head of the Uese Chapter.

As a result, the Defendant was sentenced two or more times to habitually thiefs, and the execution of the sentence was completed, again, stolen property by intrudeing the victim’s residence at night within three years.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (a CCTV for crime prevention at the scene of occurrence -E-024 video verification);

1. Investigation report (verification of additional CCTV images at the scene of occurrence);

1. Previous convictions in judgment: A response to inquiries, such as criminal history, and investigation reports (A) (Attachment to a copy of the previous judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes to recognize dampness in light of the records of each crime, the number of crimes, the frequency of crimes, the motive for and interval of crimes, etc.;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime (referring to the occupation of habitual repeated crimes and inclusive thereof);

1. Article 35 of the Criminal Act (in October 7, 2017, criminal records of habitual larceny) (Article 35 of the Criminal Act) are criminal records of habitual larceny.

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