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(영문) 서울중앙지방법원 2013.05.30 2013고단1276
야간방실침입절도
Text

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

Reasons

Punishment of the crime

[criminal power] On October 27, 1998, the Seoul High Court sentenced 8 years of imprisonment to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Habitual Robbery) and 7 years of imprisonment to a protective custody on June 17, 2006. After the execution of the above imprisonment, the Defendant was released on November 29, 2007 during the execution of the protective custody. On July 17, 2008, the Seoul Eastern District Court sentenced 1 year of imprisonment to a crime of damage to public goods, etc., and the judgment became final and conclusive on the 25th of the same month, and on June 25, 2010, sentenced 2 years and 6 months of imprisonment to a attempted robbery, etc. committed by the Seoul Central District Court.

7.3. The judgment became final and conclusive.

【Criminal Facts】

On January 18, 2008, between 18:00 and 19:00, the Defendant reached the victim D's house located in Gangnam-gu Seoul Metropolitan Government Czera A 104. Around January 18, 2008, the Defendant 1.50,000 won per each 1.50,000 won per each crof electronic sheet, which was in possession of the victim’s possession of the victim, 1,50,000 won per each crof, 1,50,000 won per each crof, 1,000 won per each crof, 1,000 won per each crof, and 1,000 won per each crof, with a small-sized cutting machine installed on the side of the lower crof, and 1,000 won per each crof, 1,000,000 won per each crof.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (No. 15, 39)

1. Each written statement of D;

1. A criminal investigation report, an investigation report, and an investigation report;

1. photographs of each scene of crime;

1. Previous convictions in judgment: Criminal records, investigation reports (No. 40), personal records and confinement status, and the application of Acts and subordinate statutes (No. 18 times in order); and

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing in the latter part of Article 37 of the Criminal Code and Article 39(1) of the Criminal Code is that the defendant is in the period of repeated crime.

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