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(영문) 의정부지방법원 고양지원 2016.08.18 2016고단1756
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On July 5, 2002, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year for a short term, and on April 9, 2004, at the Jung-gu District Court sentenced to two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on August 6, 2008, the Defendant was sentenced to two years for a crime of violation of the Act at the Seoul Western District Court for the Aggravated Punishment, etc. of Specific Crimes, and on January 20, 2012, the enforcement of the sentence was terminated on October 16, 2013.

[Criminal facts] On June 23, 2016, the Defendant invadedd the Defendant into the Defendant’s room through the heat window of the first floor detached house in which the victim D residing in U.S. Dongdong-gu, U.S. at the time of ancient-si around 11:28, and then stolen the Defendant’s swine wirls on the Defendant’s string at the room, with a tear of the Defendant’s cash 7,200 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A photograph of a CCTV course;

1. Investigation report (the report to confirm the amount damaged by the victim);

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (report on the results of inquiry of the judgment), and application of Acts and subordinate statutes on personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made, Article 329 of the Criminal Act (the thief for repeated crimes), and Article 319 (1) of the Criminal Act (the point of

1. The main sentence of Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes for Aggravation of Cumulative Offense shall be deemed special provisions concerning the aggravation of repeated crimes prescribed by other Acts and subordinate statutes, and thus, Article 8 of the Criminal Act does not apply to the aggravation

Article 35 of the Criminal Act (limited to the crime of intrusion upon residence)

1. The defendant for reasons of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments for two crimes) was punished by imprisonment with prison labor for the same kind of crime.

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