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(영문) 서울동부지방법원 2016.12.09 2016재고합18
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

A small cutting machine (No. 20), a date divers (No. 21), and a date divers (No. 21), seized.

Reasons

Criminal facts

[Attachment] On October 26, 2007, the Defendant was sentenced to two years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Busan District Court’s Branch Branch, and on March 25, 2010, the same court was sentenced to three years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on February 3,

[Defendant’s event room] around 18:30 on January 15, 2014, the Defendant: (a) invadedd the victim D and E’s main window located in Jung-gu Seoul Metropolitan Government with the main window located in the house; (b) stolen three gold booms owned by the victims who were kept in the house; (c) amounting to KRW 500,000 at the market price of Jinju T, etc.; and (d) cash amounting to KRW 200,000 at the wall; and (c) thefts from around that time to April 18, 2014, including precious metal amounting to KRW 21,810,000 at the middle-gu Seoul Metropolitan Government and Gwangjin-gu, etc. for 27 occasions, as indicated in the list of crimes.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each statement of I, J,K, L, D, M, N, P, Q, R, T, U, V,W, X, Y, Z, AB, and AC;

1. Police seizure records;

1. Investigation report (for the suspect A's physicalization and on-site corresponds), investigation report (for the suspect A's confirmation of the same sufficient female crime), report on results of field identification, etc., investigation report (tel report, AD), investigation report (tel report, telephone investigation, AE), field photograph and investigation report (for the victim's AF telephone conversation);

1. Previous records: Criminal records and other inquiries, investigation reports (related to the fact of release of a suspect), investigation reports (limited to a copy of the judgment);

1. Habitualness of the judgment: Application of the statutes that recognize the habition of larceny shall apply in light of the following: The history of each crime in the judgment, the method and frequency of crimes, the number of crimes, the defendant was sentenced to the same kind of crime and the execution of his/her sentence has not been completed within one year, which began to commit again the crime in the instant case, and committed 27 times or repeated crimes for about 3 months;

1. Criminal facts;

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