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(영문) 서울중앙지방법원 2013.03.27 2013고단792
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Nos. 5 and 6 of the seized evidence shall be the victim C and the seized evidence Nos. 23 and 24.

Reasons

Punishment of the crime

On July 1, 2004, the defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on July 1, 2004 and was sentenced to a suspended sentence of two years, and was sent to the juvenile department by larceny, etc.

The defendant intrudes on the house that he thought that there is no person, and steals money and valuables, and duplicates them to appropriate them for living expenses, etc.

On November 10, 2012, around 19:00, the Defendant: (a) opened and intruded into the house of the victim H of the apartment house 102 located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City; (b) opened and intruded into the house with a main window not corrected by putting up the fence; and (c) cut cash of KRW 200,000,000,000,000, which is the victim’s ownership, following the house hold and cremation emulption, etc.; (d) 100,000 won, KRW 10,000,000,00,000, KRW 100,00,000,000, KRW 30,000,00,000, KRW 18K, and KRW 20,000,000, 3

In addition, the Defendant habitually invaded upon the victims’ residence from January 26, 2013 through eight times from that time to January 26, 2013, and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. Each prosecutor's statement to the F, C, and J;

1. Each police statement made to K, L, H, M, N,O, D, P, Q, and E;

1. Each written statement of R, S and T;

1. Each protocol of seizure;

1. Each photograph (the articles seized, photographs at the scene of the crime, and the sufficient photograph of the defendant at the scene of the crime);

1. Investigation report (verification of sunset hours, records of the same kind of crime, etc.);

1. Habituality of the judgment: The application of the statutes that recognize the recidivism in light of the following: (a) the Defendant had the same criminal history from November 10, 2012 to January 26, 2013; and (b) repeatedly repeated the larceny by the same criminal method on eight occasions in total;

1. Comprehensively Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act regarding criminal facts, punishment of limited imprisonment shall be imposed.

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