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(영문) 서울동부지방법원 2014.11.26 2014고단3254
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On June 15, 2007, the Defendant was sentenced to five years of imprisonment with prison labor for larceny, etc. at the Seoul East Eastern District Court on February 3, 2012, and eight times of larceny crimes, including termination of the execution of the sentence.

【Criminal Facts】

Defendant is living without any particular occupation.

Due to the shortage of living expenses, the new wall time zone had intruded on another person's house to steals things.

On June 8, 2014, the Defendant operated a Cgner vehicle owned by the Defendant at the bottom of the new wall time and returned to the vicinity of the Gangdong-gu Seoul Metropolitan Government, and found the place for committing the crime.

In the case of victims E in Gangdong-gu Seoul Metropolitan Government, there is no place in the vicinity, and thus, he gets able to wear a past room and open a locked door, and intrudes into the house, and he she has 700,000,000 won of the market value of the victim's possession in the vicinity of the house of the victim.

In addition, from around that time to October 14, 2014, the Defendant continued to have 11,337,000 won in total as stated in the attached list of crimes by the following methods: (a) the market price owned by the victims was 14 times in total.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of F, E, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Police seizure records;

1. Reports on each occurrence of a theft;

1. Previous records: A written inquiry inquiry report, such as criminal records, written judgments, and current status of personal identification and acceptance;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes have been repeated several times in a short period;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act, and Articles 1.

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