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(영문) 수원지방법원 안양지원 2016.07.05 2016고단692
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 23, 2006, the Defendant was sentenced to two years of imprisonment due to intrusion upon a structure at night, larceny, etc. at the Seoul Central District Court, and was sentenced to two years and six months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the support for the development of the Suwon Fagwon, on June 10, 2009. On September 23, 2015, the Defendant was sentenced to two years and two months of imprisonment with prison labor for habitual night structure intrusion larceny at the Suwon Fagwon, and the said judgment became final and conclusive on September 25, 2015, and sentenced to two years and two months of imprisonment with prison labor or more for the crime, such as the termination of the execution of the sentence in the detention house at the Suwon Fagwon on October 8, 2015.

[Criminal facts]

1. On April 24, 2016, the Defendant infringed upon a residence: (a) opened a gate and a multi-use room of a victim who did not correct his/her property for the purpose of theft of property when the victim D’s house located in Annyang-si C was located in Annyang-si, Mayang-si; and (b) entered the victim’s house into a multi-use room and intrudes on the victim’s residence.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed theft with the victim’s fluorial items in the same time and place as indicated in paragraph 1, such as DNA 1, 1, 1, ice 1, ampoo and ampoo, 2, 2, 2, 1, 1, 1, 1, 1, 2, and 1, and 1, and other things in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Goods damaged and damaged photographs discovered at the place of emergency arrest of the defendant;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the expiration of the period of punishment of the suspect), investigation report (former confirmation report), and Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act (abstinence of residence and choice of imprisonment) and Article 319 (1) of the Criminal Act (abstinence of residence and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act) are favorable.

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