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(영문) 서울남부지방법원 2018.10.11 2018고합345
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Seized evidence (Article 4 through 11): Provided, That evidence.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on August 8, 1996, for one year and six months; on January 18, 2001, for a crime of larceny committed at night at the Seoul Northern District Court on August 18, 2001; one year of imprisonment with prison labor for a crime of larceny, etc. at the Sungnam Branch of Seoul Central District Court on August 18, 2003; two years of imprisonment with prison labor for a crime of larceny, etc. at the Seoul Central District Court on July 8, 2005; eight months of imprisonment with prison labor for a crime of larceny, etc. at the Seoul Central District Court on March 24, 2015; and ten months of imprisonment with prison labor for a crime of larceny, etc. at the Seoul Northern District Court on October 12, 2016; and completed the execution of the punishment with prison labor from the Seoul Central District Court on April 28, 2019.

【Criminal facts】 From June 13, 2018 to June 17:4, 2018, the Defendant damaged the entrance entrance to the gate by using the gap between the victim B and the victim’s house located in Guro-gu Seoul Metropolitan Government on June 14, 2018, and infringed upon the said entrance entrance equipment by using the gap between the victim B and the victim’s house in Guro-gu.

In addition, the Defendant had one clock equivalent to 100,000 won at the market price of the victim’s possession located in the room and had 14 times in total from that time until July 6, 2018, the Defendant did not carry cash, precious metals, etc. owned by the victims or have not fulfilled its intent by the following methods:

As a result, the defendant was sentenced twice or more to larceny, etc. and habitually commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of C, D, E, F, G, H, I, J, and K;

1. Some of the L Statements;

1. Part of the summary of hearing the statements of the victim F;

1. Protocols of police seizure and list of seizure;

1. Each report on occurrence (the theft, intrusion into residence, and attempted theft), each written opinion, each report on results of field identification, each on-site photographs, and file reports on each on-site file;

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