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(영문) 서울중앙지방법원 2015.07.15 2015고단2441
상습야간주거침입절도등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On November 17, 200, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for a crime of larceny, etc. at night at the Seoul Northern District Court on November 17, 2000. On May 22, 2002, the Defendant was sentenced to imprisonment with prison labor for a crime of embezzlement of stolen property by possession at the Seoul Central District Court.

【Criminal Facts】

1. On April 10, 2015, the Defendant habitually stolen at night, and around 05:30 on April 10, 2015, the Defendant opened an unlocked door door and intruded into it, and then cut off KRW 200,00,00,000, KRW 360,000, and KRW 3330,000,000,000,000 in cash within the wall of the victim’s possession, using the gap in the protection of the victim.

In addition, the Defendant habitually stolen or attempted cash, smartphones, and 2.30,000 won in total, 17 times from August 2010 to April 10, 2015, as indicated in the annexed Crime List.

2. On May 2014, the Defendant: (a) obtained a single smartphone (LETA) equivalent to KRW 900,000 at the market price of the victim E’s loss in front of the tea hospital located in 650-9, Gangnam-gu, Seoul Police Officer, Seoul, while taking necessary steps; and (b) did not return it to the victim; and (c) took the thought that he/she had it.

In this way, the defendant embezzled the property that has escaped from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. A criminal investigation report (CCTV image data analysis and investigation);

1. Protocols of seizure, list of seizure, and photographs of each seizure (Evidence Nos. 9, 10, 11, 12);

1. Each investigation report (the sequence 20, 21, 22, 23, 24 of the evidence list);

1. Protocol of seizure, list of seizure and photographs (Evidence Nos. 25, 26, 27);

1. Investigation report (Confirmation of one-day schedule);

1. A report on investigation (to hear statements from a victim G (crime list 14, paragraph 17));

1. Previous records: Criminal records and other inquiry reports, investigation reports, criminal records of the same kind of force as the suspect, etc.;

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