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(영문) 서울중앙지방법원 2018.11.13 2018고합916
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

A siren type divers (Evidence No. 1) that has been seized shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On December 19, 2006, the Defendant was sentenced to two 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 Central District Court. On September 3, 2010, 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 at the Seoul Western District Court. On December 3, 2014, the Seoul Western High Court sentenced the Defendant to four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul High Court on December 3, 2014 and completed the execution of the sentence at the Chuncheon Prison on July 18,

[2] On August 5, 2018, the Defendant, at around 03:00 on August 5, 2018, dismantled C and 2, dismantled C, and the victim D operated by the victim D, destroyed and damaged the intermediary entrance correction devices installed in the stairs between the first and the second floor, and intruded into the pipe, and continued to dismantle the entrance correction devices of the above hospital into the pipe and the drick, and did not lead to the Defendant’s discovery to the nurse.

As a result, the Defendant was habitually sentenced to two or more penalties due to special larceny, etc., and again attempted to steals another’s property by destroying the door, the wall, and part of the structure at night, and destroying it at night within three years after the completion of the execution.

Summary of Evidence

1. Statement by the defendant in court;

1. A police reporter's statement, and a police damage statement D;

1. On-site photographs, reports on the results of field identification, surrounding areas and crimes, and requests for the provision of CDs or communication confirmation data (2018-84) after mobile route CCTVs;

1. Existing sirens of seized sirens (No. 1);

1. Previous convictions in judgment: A response to inquiries, such as criminal history (A), investigation report (formers and binding of judgment);

1. Habituality: The defendant and his defense counsel shall be punished aggravatingly for repeated larceny, even though the crime of this case was committed one time.

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