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(영문) 수원지방법원 성남지원 2018.03.15 2018고단79

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 12, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for the purpose of larceny at night, etc. in support of Sungnam-do, and two years of imprisonment with prison labor for the purpose of larceny at night, etc. on October 23, 2015; on December 17, 2015, in the same court, on December 17, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for larceny at night; and on August 17, 2017, the execution of the sentence was completed in the said prison.

[Criminal facts]

1. On September 12, 2017, the Defendant attempted to larceny at night, on September 12, 2017, (i) opened a gate in Sungnam-si C around September 12, 2017, where the victim D et al. resides in, and intrudes into a house, which is not corrected in front of a multi-household in which the victim D et al. resides, and (ii) opened a studio of the first floor in which the victim resides and opened a studio of the first floor in which he/she is living, and black up the object to be stolen by using a mobile phone light, but (iii) was attempted to flee by the victim after the locking.

2. On September 16, 2017, the Defendant attempted to larceny at night, on September 16, 2017, (i) opened a gate in Sungnam-gu, Sungnam-gu E on September 16, 2017, where the victim F, etc. resides in, and (ii) intrudes into a house in front of a multi-household in which the victim F, etc. is residing, and colors property, but (iii) attempted to flee by the victim who returned to the house at the time.

3. On September 26, 2017, the Defendant attempted to larceny at night, at night, on September 26, 2017: (a) opened a gate in Sungnam-gu G around 02:0 on September 26, 2017, where the victim H et al. resides in, and intrudes into a house that does not correct property in front of a multi-household house in which the victim H et al. resides; (b) attempted to open the 1st floor door of the underground in which the victim resides; and (c) the victim in the house at the time was able to hear the sound and to have the Defendant attached.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A simplified statement of D;

1. Related photographs on September 26, 2017;

1. A previous conviction in judgment: an inquiry about criminal history;