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(영문) 인천지방법원 2016.09.08 2016고단4993
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 21, 2003, the Defendant was sentenced to imprisonment with prison labor for at night, for residential intrusion larceny, etc. at the Busan District Court's Yancheon Branch on August 31, 2004; one year and six months; one year and six months; one year and six months; and one year and six months, from the Ulsan District Court on November 15, 2006, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Ulsan District Court on July 30, 2008, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

After that, on July 19, 2012, the Ulsan District Court sentenced 3 years to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on April 10, 2015.

On July 25, 2016, at around 03:45, the Defendant: (a) opened a window set forth in the above 101, where the victim D was not locked from the door to the door and opened the door on the roads from which food was delivered to the Nam-gu Incheon Metropolitan City C and 102; (b) opened a window set forth in the above 101, where he was not locking up the gas pipe installed on the front side of the road after the house, and intruded the living room, and opened the window to the living room, and 34,000 won in cash owned by the victim; (c) one gold-frame set of KRW 1,50,000 in the market price; and (d) one gold-frame set of KRW 1,50,00 in the shape of the city and 150,000 in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. On-site identification reports, on-site photographs, photographs (reflost and mast of a suspect), seizure sites and photographs of seized articles, specifications of weights of precious metals, results of measurements of precious metals, and investigation reports (calculated and cases of calculating the amount of damage);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect criminal records, etc.), list of related cases, judgments, and application of Acts and subordinate statutes to the status of confinement of each individual;

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 committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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