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(영문) 수원지방법원 안산지원 2013.05.10 2013고단353

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 25, 2005, the Defendant was sentenced to the suspended sentence of 8 months in the Seoul Central District Court for larceny, etc., and on November 8, 2007, the same court was sentenced to imprisonment of 1 year and 6 months in the night, intrusion upon residence, larceny, etc., and on April 7, 2010, the Seoul East East District Court sentenced 2 years in prison on February 11, 2012.

On January 21, 2013, the Defendant intruded the gas pipeline installed on the outer wall of the building through a window that was not locked, and had one half point of the market price equivalent to KRW 3.50,000,000, the market price of the victim owned by the victim in the cremation, which was kept in the cremation.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of each police interrogation protocol against the accused;

1. On-site photographs, related photographs, investigation reports (record No. 12 pages), field identification reports, response to requests for appraisal, notification of corresponding results of comparison with DDA DB, and notification of the current status of corresponding results of comparison with DDA DB, and details of tax inquiries under water law;

1. Previous records: Criminal records, etc., inquiry reports, investigation reports (record No. 45 pages), and judgments on the same kind of power;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Code for discretionary mitigation is that the Defendant intruded into the house through its windows to steals property, and the nature of the crime is not easy, and it does not seem that the Defendant does not make efforts to recover from damage, and thus, it is also good to commit the crime.

Furthermore, the defendant has been punished several times as a crime of the same law.