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(영문) 서울동부지방법원 2013.04.18 2013고단514
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 1, 2, and 3 shall be confiscated.

Reasons

Punishment of the crime

On June 2, 2004, the Defendant was sentenced to a suspended sentence of one year for larceny, etc. at the Suwon District Court’s Ansan Branch, and sentenced to one year for larceny, etc. on August 18, 2004, and sentenced to six months for larceny, etc. at the Suwon District Court’s Ansan Branch’s Ansan Branch, on January 12, 2007, and sentenced to one year for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court’s Busan Branch Branch Branch on January 30, 2009. On August 26, 2010, the Defendant was sentenced to one year for imprisonment for night intrusion larceny at the Seoul Southern District Court’s Seoul Southern District Court’s nighttime District Court’s night building intrusion larceny. On December 20, 2010, the Defendant completed the execution of the sentence on March 18, 2012.

At around 01:20 on March 14, 2013, the Defendant attempted to cut off the building in the process of a new construction project managed by the victim D in Gwangjin-gu Seoul Special Metropolitan City, and intrude into the inside of the building, thereby theft of construction materials, such as steel bars owned by the victim. However, the Defendant was arrested to the Seoul Mine Police Station E District Assistant F and Senior G, where he was patroled.

Accordingly, the defendant habitually invaded another's structure and attempted to steals the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles, on-site photographing photographs;

1. Previous convictions in judgment: A investigation report (related to criminal records of a suspect), results of search by prisoners, results of search by prisoners, inquiry reports on criminal records, criminal records, etc., investigation reports (verification of details of custody and the expiration of term of punishment), investigation reports (limited to the same type of imprisonment and attachment of a written judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, and the fact that the same kind of crimes are planned and repeated;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act, the option of imprisonment for a limited term;

2. Article 35 of the Criminal Act, among repeated crimes.

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