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(영문) 서울북부지방법원 2016.02.18 2016고단185
상습특수절도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Nos. 1 to 4 of seized evidence shall be confiscated, and No. 6, 7 shall be the victim.

Reasons

Punishment of the crime

[criminal history] On February 5, 1975, the Defendant was sentenced to imprisonment with prison labor for larceny for a maximum of two years and one year and six months at the Seoul Criminal District Court. On June 29, 1977, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny in the Sungdong Branch of the Seoul District Court. On February 18, 1981, the Defendant was sentenced to two years of imprisonment with prison labor for intrusion upon residence at the Southern Branch of the Seoul District Court.

[2] On November 9, 2015, around 19:15, the Defendant was in front of the Victim E’s house in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and sought a theft of property owned by the victim by opening a crime prevention window (33 cm in length) with the iron bars (33 cm in length) possessed by the Defendant, but the Defendant did not commit an attempted crime with the wind that the damaged person had a sound.

In addition, the Defendant habitually intruded on 16 victim houses over a total of 21 times, such as the statement in the list of offenses, and stolen the total amount of 1,877,00 won, and attempted to steal the property by intrusion upon five victims’ houses, but was attempted to steal the property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of E, F, G, H, I, J, K, L, M, M, N, P, Q, R, T, U, V, W, and C;

1. Statement made by the police against X;

1. Report on the results of identification at each site and seizure records;

1. Each investigation report (the investigation of CCTVs into victims and places where victims occur, CCTVs, sufficient appraisal, changes in the status of victims, CCTV investigations, addition of damaged articles, photographs of seized articles, and photographs of places where crimes are committed);

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (reports attached to the judgment, and personal identification and acceptance status);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332, 331(1), 330, and 342 of the Criminal Act, all of the facts constituting an offense;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333(1) of the Return Criminal Procedure Act

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