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(영문) 인천지방법원 부천지원 2016.03.25 2016고단312

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 August 11, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for night intrusion larceny in the Incheon District Court Branch, and on March 24, 201, the same court was sentenced to eight months of imprisonment with prison labor for attempted larceny, etc. on March 24, 201; on November 29, 2012, the same court was sentenced to eight months of imprisonment with prison labor for night intrusion larceny, etc.; on April 30, 2014, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence on September 18, 2015.

1. On October 2015, the Defendant: (a) 02:00 on the first and last day of October 2015, the victim D, who was divingd from a big room while opening a studio door in the house where the victim D, who was located in Seocheon-si, Seocheon-si, Seocheon-si, and was living in the house where the victim D, was not corrected; and (b) the victim D, who was able to enter into

“The sound was an attempted attempt, even though it did not escape out of the wind, and did not achieve that intent.

2. On February 15, 2016, around 02:40 on February 15, 2016, the Defendant opened a door door that was not corrected at the above place, and intruded into the door, and cut off one set of 1,50,000 won at the market price of the victim E owned by the victim E, which was suffering from the gap in which the victim E is locked, with a small room string, and cut off with one set of 1,50,000 won at the market price of the victim E, cash, 730,000 won, and one set of 65,000 won at the new card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, reporting on the results of confirmation before and after the previous conviction, reporting on investigation (former and previous rulings and binding of criminal records), and reporting on investigation (verification of previous criminal records, filing of judgments, and date of expiration

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Articles 342 and 330 of the Criminal Act (the attempted larceny of repeated crime at night) concerning the crime, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act (the repeated crime is a repeated crime).