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(영문) 인천지방법원 부천지원 2011.06.23 2011고단116

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 7, 1994, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. and three years of suspended execution, and was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on May 8, 1998, and was sentenced to four months of imprisonment with prison labor for larceny, etc. at the subsidiary branch of the Incheon District Court on July 20, 2006, in the same support on September 7, 2007, and was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Incheon District Court on September 11, 2008, and completed the execution of the sentence at the female prison on January 30, 2010.

Criminal facts

Around 15:00 on October 25, 2010, the Defendant habitually intruded with the victim D's house located in Seocheon-si, Seocheon-si, 1, 201, 1, and 201, with a gas pipe, and 18 KK (5 e.g., the victim holding the victim in the e., in the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.,

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Written statements of D;

1. The defendant's log personal records (two copies of evidence), monetary records (3,4 copies of evidence);

1. Purchase account books and precious metal of pawned area;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the date of release);

1. Habituality of the judgment: Application of the Acts and subordinate statutes to which the dampness of the crime in this case is recognized in view of the methods of crime in this case, the identity of the criminal records of the defendant, and the frequency and duration of the crimes revealed therein;

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

2. Selection of penalty: Optional of limited imprisonment;

3. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

4. Discretionary mitigation: Determination on the assertion by the Defendant (Attorney) under Articles 53 and 55(1)3 of the Criminal Act

1. The gist of the defendant's assertion.