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(영문) 수원지방법원 안양지원 2016.11.10 2016고단1512
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 4 shall be confiscated.

Reasons

Punishment of the crime

On August 13, 2008, the Defendant was sentenced to one year of imprisonment with prison labor and 300,000 won for special larceny, etc. at the Gwangju District Court on June 3, 2010, and was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on August 3, 2010. On August 30, 2012, the Defendant was sentenced to four years and six months of imprisonment with prison labor for special larceny, violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), at the Seoul High Court on August 30, 2012, and completed the execution of the last sentence on May 19, 2016.

1. From August 29, 2016 to September 7, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft of KRW 17,410,000,000 by intrusion upon the victim’s residence from August 29, 2016 to September 7, 2016, with a total amount of seven times as indicated in the attached Table of Crimes (i.e., a total amount of KRW 17,410,000,000, the victim’s property was stolen by intrusioning the victim’s residence over seven times in total, including the victim’s list of crimes.

2. From around 15:00 on September 1, 2016 to around 17:00, the Defendant attempted to intrude the victim’s residential window by sucking the victim’s residential window in two hands, as described in paragraph (1), for the purpose of theft of the victim’s property, but failed to realize such intent because the window was cut off.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. Each statement in the preparation of D, H, I, J, F, K, L, and M;

1. Each investigation report (the statement such as victim L, CCTV image investigation into apartment inside and outside apartment units, and the investigation of CCTV outside apartment units);

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