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(영문) 인천지방법원 2017.10.26 2017고단6499
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized No. 5, 7, 8, or 9 shall be confiscated.

Seized evidence 2,19, 19.

Reasons

Punishment of the crime

[2] On January 19, 2007, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, 2 years from imprisonment with prison labor for the same crime on September 4, 2009; 3 years from imprisonment with prison labor for the crime of larceny at night at the Incheon District Court on April 2, 2013; and on May 1, 2014, the Seoul Eastern District Court sentenced three years from imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on March 10, 2017.

[2] From around July 4, 2017 to around 20:00 on July 6, 2017 to around 21:00, the Defendant went into the residence of the victim G located in the Yeonsu-gu Incheon apartment, Yeonsu-gu, Incheon, and went into a house with a view to: (a) opening a beca window and intrusion into an inner bank; (b) cutting off one of the cash amounting to KRW 3 million in cash and KRW 300,000 in the market price at that place; (c) from around July 4, 2017 to August 22, 2017, the Defendant invaded the victim’s residence at night, and attempted to steal or steal the victim’s property amounting to KRW 5.92 million in total at night, as described in the list of crimes in the attached Form, at night.

As a result, the Defendant was sentenced to imprisonment more than three times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and had attempted to steals or steals another’s property by intrusioning another’s residence at night within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, G, H, C, and E;

1. All on-site photographs;

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. Results of sunset search;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report attached to the same criminal suspect's previous records;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under each of the pertinent Articles of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act (a crime of larceny at night) and Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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