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(영문) 서울남부지방법원 2018.03.13 2018고단227
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On September 10, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny of intrusion upon residence at night in the support of Suwon Franchi, and on August 18, 201, the Seoul Southern District Court sentenced the Defendant 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) at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and on February 16, 2016, the Defendant 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) at the Suwon Franchisive Training Institution on March 31, 2017.

[2] On July 5, 2017, at around 00:00, the Defendant: (a) opened a door that had not been corrected by the victim’s use of the gap; and (b) brought about one cellular phone of an amount equivalent to KRW 100,00,00 in cash; and (c) up to January 9, 2018, the Defendant stolen property worth KRW 3,691,000 in total 10,000 in the market price, including the victim’s resident registration certificate, from around 0:0 to around 0, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, D, G, H, I, J, K, L, and M;

1. Records of police seizure, list of seizure, and photographs of seized articles;

1. A report on investigation (report on calculating the market price of damaged goods), and output of the market price of NAV gold;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 35 (1) of the Criminal Act for a repeated crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Specific Crimes / [the scope of the recommended punishment / [the scope] There is no person [2 to 4 years] in the basic area (2 to 4 years] of the Act on the Aggravated Punishment of Specific Crimes (a decision of sentencing] [a decision of sentencing] (a decision of sentencing] committed the instant crime again within a short period after being released, even though he/she had been sentenced several times of convictions, and committed the instant crime by intrusion upon another person’s residence at night.

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