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(영문) 서울남부지방법원 2017.10.13 2017고합339
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

One cuter (Evidence No. 1), divers (Evidence No. 2), and Gabs.

Reasons

Punishment of the crime

[criminal record] On May 3, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court, on October 8, 2010, and was sentenced to three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court, and on September 26, 2014 at the Seoul High Court, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Ansan Prison on April 24, 2017.

[Criminal facts] around 01:55 on June 25, 2017, at around 01:00, the Defendant: (a) cut off the correction device of the air conditioners adjacent to the above store using the cutting device prepared in advance; (b) cut off four drinking water of approximately 1,500 won at the market price owned by the victim; and (c) cut off four drinking water of approximately 1,500 won at the market price owned by the victim.

In addition, from May 13, 2017 to July 3, 2017, a total of KRW 820,600, total sum of 13 times from around 13, 2017, as indicated in the list of crimes, was stolen and attempted to steals property for three times in total, such as the following: (a) attempted to steals property; and (b) attempted to steals property habitually; and (c) attempted to steals property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in D, F, G, H, I, J, K, L, M, N,O, P, and Q;

1. Police seizure records and list of seizure;

1. Each police report, investigation report, and internal investigation report (the list Nos. 1, 3, 6, 10, 13, 16, 21, 24, 41, 43, 45, 46, 55, 57-59, 65, 67)

1. On-site photographs, etc. (the sequence 5, 9, 12 of the evidence list), photographs of seized articles, and photographs of crimes;

1. Transmission of a drilling report, notification of a request for appraisal, correction of a request for appraisal, and response to the results of appraisal of the DNA identity verification data data;

1. Previous convictions: A reply to inquiry, such as criminal history, personal confinement status, investigation report to the prosecution (Attachment to decisions related to the suspect), police investigation report (Attachment to past criminal facts of the suspect, sources of law, records of prisoners);

1. Habituality: The records of each of the crimes in the holding, the methods and frequency of the crimes;

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