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(영문) 서울서부지방법원 2017.08.10 2017고단1576
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

[2] On December 21, 199, the Defendant was sentenced to imprisonment for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Western Branch of the Seoul District Court, and on May 17, 2002, the Defendant was sentenced to three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Western Branch of the Seoul District Court. On October 5, 2005, the Defendant was sentenced to one year and six months for a violation of the Act at the Seoul Western Branch of the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes. On March 30, 201, the Defendant was sentenced to one year and six months for a violation of the Act at the Seoul Western Branch of the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes. On December 1, 2016, the Defendant was sentenced to imprisonment with prison labor in the Seoul Western Branch of the Seoul District Court for larceny, etc. and completed the sentence in the Seoul Western Branch of May 25.

[Criminal facts]

1. On May 13, 2017, the Defendant entered the construction site of an officetel located in Eunpyeong-gu Seoul Metropolitan Government on May 13, 2017, and opened the air-conditioning pipe, which was installed on the 7th floor through nine floors of the construction site, and opened the air-conditioning pipe (a approximately 27mm) at the victim D’s market value at the 9th outer wall, and carried it in a watch located in that place.

2. The defendant has committed the same harm;

5. On 24. 19:48 around the construction site of the above paragraph 1, the victim D, installed on the outer wall of the fourth to nine floors of the construction site, entered the construction site of the above paragraph 1, and carried the air-conditioning pipe in the same manner as described in the above paragraph 1 at the market price of the victim D, which is located on the outer wall of the nine floors.

As a result, the Defendant was sentenced to imprisonment not less than three times due to the theft of Article 329 of the Criminal Code, and again stolen the victim's property two times within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site CCTV photographs and photographs of suspect moving routes;

1. The investigation report (the list No. 6 of evidence);

1. Previous convictions: Application of Acts and subordinate statutes of inquiry, inquiry report (including confirmation of previous convictions, binding of relevant written judgments, and accompanying documents);

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.

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