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(영문) 수원지방법원 2019.01.23 2018고단7368

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 4, 2005, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to eight months of imprisonment for larceny, etc. at the Gwangju District Court on December 21, 2007, and was sentenced to ten years of imprisonment for a crime of larceny, etc. at the Gwangju District Court on October 30, 2009; on April 22, 2011, the Defendant was sentenced to one year of imprisonment for a crime of larceny, etc. at the net support of the Gwangju District Court on August 29, 2012; on March 27, 2014, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju District Court on October 14, 2016.

At around 04:00 on July 16, 2018, the Defendant opened a visit and intruded by the victim D of Mongolian nationality residing there at the Suwon-si Bel, Suwon-si, Suwon-si, by using the gap outside the country by the victim D, and the victim taken up KRW 2 million in cash on the wall that the victim puts under the intrusion.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has intruded into a room that people possess at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Field photographs, etc.;

1. Previous convictions indicated in the judgment: Investigation report (verification of the same criminal records and repeated crime), investigation report (Examination of whether the rate of the Act on the Aggravated Punishment, etc. of Specific Crimes is applicable), and criminal records

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendation [the scope of recommendation] the basic area (one year and six months from one year to three years) of larceny under the Specific Crimes Aggravated Punishment Act;

2. The Defendant, who has been sentenced to sentence, has a record of having been punished several times, including the sentence of imprisonment for the same crime, in particular;