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(영문) 인천지방법원 부천지원 2018.02.02 2017고단2859

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On June 5, 1997, the Defendant was sentenced to imprisonment with prison labor for night residence larceny at the Seoul District Court’s Southern Branch on October 23, 2001, with prison labor for night residence larceny at the same support on October 23, 2001, with prison labor for eight months from September 29, 2006; on November 22, 201, with prison labor for night residence larceny at the Seoul Western District Court’s district court for night residence larceny; on July 19, 201, with prison labor for one year and six months; and on July 2, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and eight years from the Seoul High Court for habitual residence larceny at night at the Seoul High Court on July 16, 2015, and completed the execution of the sentence from the prison. < Amended by Act No. 13283, Nov. 16, 2015>

[Criminal facts]

1. On November 9, 2017, at around 02:30, the Defendant: (a) laid down the gas pipeline behind the building and opened the 2nd floor of the instant building; (b) infringed on the inner bank; and (c) stolen the cash, which is 120,000 won, owned by the victim, within the victim’s hand room.

2. On November 16, 2017, at around 00:10, the Defendant: (a) went to the house of the Victim F, the victim F, located in Seocheon-si, Seocheon-si; (b) opened an inner window with the second floor inside the above building, and intrudes on the inside, and cut off with one gold-half of the market price of KRW 600,000,000, the market price of the victim’s ownership in the head of the West-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. An investigation report (Analysis of CCTV images around the scene), a investigation report (to track CCTVs prior to committing a criminal suspect), a criminal investigation report (specific suspect), a criminal investigation report (site of arrest), a criminal investigation report (where a copy of a loan agreement is attached), a report on investigation (where a copy of a loan agreement is attached), and a report on the occurrence of crimes (thief);

1. Protocols of seizure, list of seizure, and evidence and photographs;

1. A report on the results of field identification;

1. On-site photographs and photographs of temporary burials;

1. Previous convictions: inquiries into criminal history, investigation reports (verification of the period of repeated crime by a suspect), investigation reports (Attachment of criminal records of the same kind of crime as the suspect), and