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(영문) 서울북부지방법원 2014.07.25 2014고단1588
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One (Evidence No. 1) shall be confiscated for seized stock farms.

The defendant.

Reasons

Punishment of the crime

On March 31, 1992, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court, and on February 12, 1993, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on November 16, 2009, the Defendant was released on February 28, 201, and the remaining term of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes was terminated on April 6, 2011.

On October 17, 2013, the Defendant, at around 15:00 on October 17, 2013, entered the victim E’s house located in Seongbuk-gu Seoul, Seoul, into the above residential area through the window of the living room, which was not corrected beyond the fence, and took two 2,60,000 won in total and stolen the market price of the victim’s possession in the inside and outside, and attempted to steal or steal the cash, precious metal, etc. worth KRW 16,904,00 in total, and KRW 11 times in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in the F, E, G, H, I, J, K, L, M,O,O, C, and P;

1. Each on-site inspection report;

1. Seizure records;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to the previous convictions and attachment of the previous convictions), personal identifications and confinement conditions;

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

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the relevant criminal facts and Articles 5-4 (1) of the same Act concerning the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant habitually larceny the reasons for sentencing under Articles 25(1), 31(1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentences.

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