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(영문) 서울동부지방법원 2015.07.16 2015재고단33
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 1 or 2 shall be confiscated.

No. 4, 6, 7 of seized evidence.

Reasons

Punishment of the crime

[criminal power] On December 20, 2006, the defendant was sentenced to a suspended sentence of 6 months in Seoul Southern District Court due to night intrusion larceny. On February 27, 2009, the defendant was sentenced to a suspended sentence of 3 years in imprisonment with prison labor for the same crime at a general military court on February 27, 2009 and was sentenced to a suspended sentence of 3 years in March 7, 2009. The judgment became final and conclusive during the suspended sentence.

【Criminal Facts】

At around 13:00 on November 11, 200, the Defendant: (a) divided the first race into the victim D’s house located in the Busan Yong-gu, and confirmed that there is no person inside the house; (b) cut the crime prevention window and intrude into the house, cut the 4.5 million won in cash located in the bank inside the said place; (c) one 18K Rabbbbbbs; (d) one 1; and (e) one 1.270,000 won in the market price, including one half of the 18K Rabs, and one half of the 18K Kabsombs; and (e) cut them habitually from that time to March 12, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. The police statement concerning G;

1. Each statement of H, D, T, I, J, K, L, M, N,O, P, Q, and R;

1. Each police seizure record and the list of seizure;

1. Previous records: Criminal records, investigation reports, investigation reports (report attached to judgments of the military court), and investigation reports (report attached to judgments of the general military court);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Articles 332 and 329 of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act committed again the instant crime even though the Defendant had several records of punishment for the same crime, and committed larceny by means of intrusion upon residence, and is serious in the nature of the crime, and the visibility of the crime No. 8 listed in the annexed list No. 10 listed in the annexed list No. 10 listed in the annexed list No. 333(1) of the Criminal Procedure Act.

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