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(영문) 서울남부지방법원 2018.05.01 2018고단980
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for one year;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

[criminal history] On August 30, 2002, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court, and on December 22, 2004, the same court was sentenced to two years and six months of imprisonment with prison labor for larceny, etc. on July 16, 2009, and was sentenced to one year and four months of imprisonment with prison labor for night intrusion larceny, etc. at the Jung-gu District Court on July 16, 2009. On August 29, 2014, the Seoul Western District Court was sentenced to one year of imprisonment with prison labor for special larceny, etc.

After that, on October 19, 2016, the Defendant was sentenced to imprisonment with prison labor for night building intrusion larceny, larceny, etc. at Seoul Southern District Court, and on June 3, 2017, the Defendant completed the execution of the sentence in Seoul Southern Prison on June 3, 2017.

[2] On February 21, 2018, at around 02:47, the Defendant got off “E” operated by the victim D located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, and damaged the locking device once, and then intrudes the locking device into the locking room, and then intrudes the victim’s market price in an amount equivalent to KRW 10,00,000, the market price of the victim’s possession on the display stand, and three merged 4,000, the market price of which is equivalent to KRW 4,000.

The total market value of 27,000 won, including 10 foot 500 won, was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Voluntary submission, protocol of seizure, and list of seizure;

1. A criminal investigation report (efavoking route); Then, an investigation report (favour confirmation of the damaged party);

1. A report on investigation (calculated amount of damage);

1. Previous convictions: (A) a statement of inquiry about criminal history, report of investigation (Attachment of a criminal suspect's past sentence) and application of the provisions of Part IV of the Judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) and Article 35 of the Criminal Act concerning the crime;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. The reason for sentencing under Article 186 of the Criminal Procedure Act, which bears the burden of litigation costs, is that the Defendant committed a second offense during the period of repeated crime even though he/she had been punished for the larceny crimes several times.

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