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(영문) 서울북부지방법원 2016.09.30 2016고합392
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Influence, one color New Zealand (No. 3), one color-based, and one color-based, seized.

Reasons

Punishment of the crime

[criminal history] On September 24, 2008, the Defendant was sentenced to a suspended sentence of six months for the crime of larceny and intrusion upon residence at the Seoul Eastern District Court, and was sentenced to a suspended sentence of one year and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul East District Court on January 29, 2009. On December 23, 2010, the Defendant was sentenced to imprisonment of one year and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 23, 2010. On March 21, 2013, the Defendant was sentenced to imprisonment of three years and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 25, 2016.

[Criminal facts]

1. On August 6, 2016, around 14:00 on August 6, 2016, the Defendant: (a) came to a victim D’s detached house located in Seongbuk-gu Seoul Metropolitan Government; (b) opened a network installed in the window beyond the house fence; and (c) intruded the window, and then intruded it up to the inner room; and (d) opened at the same time, one half of the market price of the above victim’s ownership, which is a male use of the amount of KRW 1.5 million, and one half of the market price of the victim E, which is a female use of the amount of KRW 1 million.

2. On August 9, 2016, around 14:00, the Defendant intruded into the victim F’s detached house located in Seongbuk-gu Seoul Metropolitan Government, through the window opened beyond the house’s fence, and stolen one clock in the market price of the above victim’s ownership, and one clock in the market price of the market.

As a result, the defendant was sentenced twice or more to larceny, and again stolen the victims' property within three years from the date on which the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the victim F and D;

1. Investigation report (related to the confirmation of the relationship and market price of damaged goods);

1. Protocols of seizure and photographs of seized articles;

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (verification of the suspect's same records, etc. and change of the rate of the name of the crime), and copy of the judgment;

1. Habituality in the holding: Each judgment.

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