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(영문) 춘천지방법원 영월지원 2017.11.14 2017고단423

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 8, 2004, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court, and on February 6, 2006, the same court was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On November 27, 2008, the same court was sentenced to three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie) in the same court. On November 1, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie) at the residents support of the Daegu District Court at the Daegu District Court on December 17, 2015 and completed the execution of the sentence at the prison on September 29, 2017.

On October 4, 2017, around 11:23, 2017, the Defendant: (a) opened a hicker’s window and intruded into the house of the victim D located in Thai City; (b) cut off the 1,330,00 won in total of the market price of the victim’s possession, which is kept in a small room room; and (c) cut off the 76,250 won in total, and approximately 1,300 won in 1,422,50 won in total, and KRW 76,50 in 1,42,50 in west.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Seizure records;

1. A seizure list;

1. Photographs of seized articles;

1. A report on investigation (calculated amount of damage);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (in case of the same kind of criminal suspect, filing of written judgments and written records of confinement), ten copies of the judgment, and one copy of the personal confinement status;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] Type 1 (joint larceny and repeated repeated crime) (one year to two years) is the mitigation area (one year and six months) of the Act on the Aggravated Punishment of Specific Crimes.