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(영문) 서울서부지방법원 2018.02.02 2017고단3320
상습절도
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 18, 2003, the Defendant was sentenced to one year by imprisonment with prison labor for the attempted larceny of intrusion at night at the Seoul Central District Court, and on October 1, 2008, the Defendant was sentenced to ten months by imprisonment with prison labor for the attempted larceny of intrusion at night at the Seoul Southern District Court; on December 23, 2010, the Defendant was sentenced to one year and six months by imprisonment with prison labor for the crime of violation of the Act on the Punishment, etc. of Specific Crimes (Larceny) among specific criminal offenders at the Seoul Central District Court; on October 19, 2012, the Defendant was sentenced to one year and six months by imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court.

[2] On September 30, 2017, at around 02:47, the Defendant opened and intrudes into the front door door door that was opened and corrected by removing the shock network of the front door door door door door door door door from the victim D in Eunpyeong-gu Seoul Metropolitan Government at his/her residence, and then taken cash KRW 80,000 from the victim’s card door door on which the victims were divingd, and take money from KRW 30,000 from the victim’s E-owned wall.

b) has been doing so.

Accordingly, the defendant habitually destroyed the door at night and invadedd the residence of the victims, and stolen the total amount of KRW 380,000 in cash owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of internal and external parts of the scene, a photograph of damaged articles, a report on internal investigation (finding of the movement of the suspect), a report on internal investigation (finding of the movement of the suspect), the movement route of the suspect in fire, a report on investigation (investigation of the movement route of the suspect), a map, and a photograph of CCTV;

1. Previous convictions: A written reply to inquiries, such as criminal history (A), and a report on investigation (Attachment to the judgment of the same kind as the suspect);

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), and 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommended punishment] theft against general property.

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