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(영문) 인천지방법원 부천지원 2017.09.01 2017재고합4

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

In case of seizure, one turned on an emergency (No. 2) shall be confiscated.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on December 15, 2005, and was sentenced to four years of imprisonment with labor for the same crime at the Incheon District Court on August 27, 2010 and completed the execution of the sentence on June 23, 2014.

【Criminal facts of the Defendant: (a) around August 2, 2014; (b) around 2, 2014, the Defendant used the gap in the victim D’s house to remove shocking and crime prevention windows; and (c) to intrude the house with windows into the house, the amount equivalent to KRW 1,650,000 at the market price, such as 2 gold bars and 2 gold bars (5 e.g., Vietnam foreign currency; and (d) stolen it around that time.

9. From 16:50 until 24. 16:50, cash and property equivalent to KRW 2,903,000 in total were stolen or attempted on seven occasions, such as in the list of crimes committed in annexed hereto.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each protocol of seizure;

1. On-site reports on results of field identification and written appraisal;

1. Each statement prepared by D, G, H, I, and J;

1. Existing presence of one motor vehicle on an emergency warning line (No. 2) that has been seized;

1. References to inquiries, such as criminal history, and reports on investigation (verification of suspect A punished records) (Habituality of the judgment);

1. The application of Acts and subordinate statutes to recognize theft in light of the records of each crime, similarity of the number of crimes, frequency of crimes, and the fact that the same kind of crime has been repeatedly committed within the short time after the execution of the final sentence is completed;

1. Articles 332, 330, 342, and 329 of the Criminal Act, inclusive, with respect to the relevant criminal facts and the choice of punishment;

1. Article 35 of the Criminal Act for an aggravated repeated crime [The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the execution of punishment was completed on June 23, 2014 of the first head of the judgment]

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to 18 years; and

2. The sentencing criteria shall be.