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(영문) 서울동부지방법원 2017.12.01 2017재고합5
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and eight months.

Search and seizure even one even (Evidence No. 1) shall be confiscated.

Reasons

Punishment of the crime

On May 14, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Eastern District Court, and on August 18, 201, the Seoul Eastern District Court sentenced the Defendant to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul East Eastern District Court on June 26, 201, and completed the execution of the sentence in the Seoul Southern District Court on June 26, 2013, and the same criminal records

On November 5, 2013, at least 16:15, the Defendant: (a) opened a bend window in Gangdong-gu Seoul Metropolitan Government apartment complex C, 227:106, 106, which was not corrected between the victim D’s attendance at the victim’s home; and (b) invaded into the victim’s home, and attempted to steals property worth KRW 1,80,000 in total, or more than KRW 46,950,000,00 in total, on 22 occasions as indicated in the list of crimes in the attached list of crimes; (c) the Defendant attempted to steals property worth KRW 500,000,000 in total, or more than KRW 46,800 in total,950,00 in total, but did not bring about any attempted attempt.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property, but did not bring about such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, V, W, X, and Y;

1. Each investigation report (the confirmation of the amount of damage against the victim, the investigation of damaged articles, the investigation of victimized articles against the victim, the addition of damaged articles and the change of the market price, the confirmation report on the amount of damage, etc. and the repreparation report on the list of crimes);

1. Each protocol of seizure and each seized article;

1. Existing existence of seized even one even (Evidence No. 1);

1. Previous convictions: Inquiry into criminal history, personal identification and confinement status, investigation report (report attached to the judgment) and judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Criminal facts;

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