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(영문) 서울동부지방법원 2020.06.01 2020고단1381

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 31, 2010, the Defendant was sentenced to three years and six months 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. On August 12, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny in the Suwon District Court's Ansan Branch of the Seoul Northern District Court, and on November 23, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Northern District Court, and completed the execution of the sentence

On December 24, 2019, at around 16:00, the Defendant entered the house through the gate and the gate that was opened in front of the Victim C located in Gangdong-gu Seoul Metropolitan Government, and entered the house, and she carried out with 18K gold sheet equivalent to the market price of 3.70,000 won in the inside the inside of the inside of the inside of the inside.

As a result, the defendant intrudes upon the victim's residence, was sentenced to imprisonment more than three times with prison labor for the theft crime, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous records: Application of criminal records, inquiry reports, and investigation reports (verification of repeated records of larceny)-related Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act to increase concurrent crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are confessions and reflects by the defendant, the amount of damage is relatively minor, and the same criminal record and all other conditions of sentencing are considered.