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(영문) 서울서부지방법원 2017.12.08 2017고단3299
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal history] On February 11, 2015, the Defendant was sentenced to a suspended sentence of ten months in Seoul Western District Court due to intrusion upon a structure at night, larceny, etc., and on July 1, 2015, the Defendant was sentenced to a suspended sentence of six months in imprisonment with prison labor for larceny of intrusion upon a structure at night at the same court on July 1, 2015, and on December 7, 2016, the Defendant was sentenced to six months in imprisonment with prison labor at the Seoul Western District Court for larceny and completed the execution of the said sentence on April 8, 2017.

[2] On July 15, 2017, around 21:00 to 23:00, the Defendant intruded into the construction site of a newly-built subleted building C managed by the victim D, Seodaemun-gu Seoul, Seoul, and extracted electric wires equivalent to 500,000 won at the market price of the victim’s possession on the second and third floors of the said newly-built sub-building building, which was installed on the wall, etc. for the electrical boat operation, at his/her hand, and put them into the bank in advance.

From around that time to October 2017, the Defendant intruded into a structure managed by others at night at night, such as the list of crimes in attached Form 1, and stolen another’s property once.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, F, G, H, and I;

1. Each statement of D, J and K;

1. Investigation report (No. 20, 30 through 33, 51 list of evidence);

1. A report on internal investigation (Evidence No. 26,37);

1. As a result of appraisal, replies, records of seizure, list of seized articles, photographs of seized articles, and photographs of places of occurrence;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (No. 7,54 of evidence list) statute, such as criminal history;

1. Article 5-4 (5) 1 and Article 329 (the Act on the Aggravated Punishment, etc. of Specific Crimes No. 8), Article 5-4 (5) 1, and Article 330 (the theft of No. 1 through 7, 9, and 10) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is substitute for the sentencing, and the fact that the damage has not been recovered.

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