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(영문) 서울중앙지방법원 2018.11.28 2018고단5793
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On July 2, 2009, the Defendant was sentenced to three years and six months of imprisonment for larceny, etc. at the Seoul Central District Court. On February 11, 2015, the Seoul Central District Court sentenced the Defendant to one year of imprisonment for special larceny. On November 29, 2016, the Seoul Central District Court sentenced the Defendant to one year and six months of imprisonment for night residence intrusion larceny, etc. and completed the execution of the sentence in the Ansan Prison on April 19, 2018.

On July 30, 2018, at around 22:25, the Defendant came to the “C” office located on the sixth floor of the Seocho-gu Seoul Metropolitan Government B building, and the Defendant purchased in advance the frame of the steel-frame of the bridge model installed outside the building by using any crepans around the surrounding area, thereby destroying and damaging the windows of the above office, and then intrudes into the office, and then intrudes into the Defendant’s cash 29.6 million won and 5 million won check at the office’s book, and two bags and two 14 k gold bars with the market price unknown.

Accordingly, the Defendant destroyed the office windows at night and intruded into the office and stolen the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each statement of E and D;

1. On-site photographs, investigation reports (the analysis of surrounding CCTV images), investigation reports (related to suspect intrusion routes), results of T-Mone's response, theft checks, photographs, T-moneoneoneone's card transaction statement replys, F Access List replys, F Access A's video-fuse photograph replies, seizure records, list of seizure, investigation reports (the amount of theft and the confirmation of goods), investigation reports (related to suspect tracking and the confirmation of the purchased image of criminal tools);

1. Application of an inquiry letter, such as criminal history, and an investigation report (verification of a final and conclusive date for special larceny) statute;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is the same.

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