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(영문) 인천지방법원 부천지원 2018.07.05 2018고단969

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On July 22, 2007, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court’s subsidiary branch on August 13, 2008, and was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court on August 13, 2008. On April 9, 2010, the same court was sentenced to one year and eight months of imprisonment with prison labor for larceny. On July 10, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Daejeon District Court’s branch on April 5, 2016.

[2] On January 21, 2018, at around 21:36, the Defendant: (a) got in the 1st floor parking lot by the victim D residing in Bupyeong-si, Seocheon-si; (b) caused the damage to the victim by putting the dracker in the creh of the top window for the car-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash-fash

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to theft, etc., he attempted to steal the victim's property again during the repeated crime period, and damaged the victim's property so that the market value is equivalent to the unpaid repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on investigation (the suspect's criminal investigation) and report on investigation (the suspect's identity);

1. On-site reports on results of field identification and on-site file reports;

1. Results of inquiries into convict DNA personal information, the results of DNA identification identification data server search;

1. On-site photographs, etc., CCTV images and photographs of the scene of a crime committed by a suspect (exploiters discovered at the place of residence at the time of arrest of the suspect);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (same species and previous convictions for repeated crimes);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 (Aggravated Punishment) of the Criminal Act and Article 366 of the Criminal Act on the crime;

1. Article 35 of the Criminal Act (with regard to the crime of destruction) for aggravated repeated crimes.