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(영문) 서울중앙지방법원 2017.08.08 2017고단4574

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On March 15, 2010, the Defendant was sentenced to one year by imprisonment with prison labor for night intrusion larceny at Seoul Southern District Court, and on June 13, 2013, the same court was sentenced to one year and six months by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On June 10, 2016, the Defendant was sentenced to six months by imprisonment with prison labor for an attempt to larceny at night in the support of Suwon Friwon, and completed the execution of the sentence at the Suwon Detention House on November 17, 2016.

On June 18, 2017, at around 01:34, the Defendant intruded into the house through the entrance opened at the victim D's house located in Gwanak-gu in Seoul Special Metropolitan City, and then stolen the cash of 470,000 won and resident registration certificates, construction work cards, enterprise bank debit cards, credit card cards, and KRW 20,000,000,000,000,000,000 won, owned by the victim in front of the above Cheongban.

Accordingly, the defendant was sentenced to imprisonment more than three times due to night residence theft, etc. and again committed night residence larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation (price on wall);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and each investigation report (Evidence Nos. 11, 12) Act and subordinate statutes;

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;

1. It is so decided as per Disposition on the grounds of not less than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) of the Criminal Act.