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(영문) 제주지방법원 2016.06.29 2016고단956
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for special larceny, etc. at the Jeju District Court. On August 30, 2013, the same court was sentenced to six months of imprisonment for larceny, etc. and the said suspended sentence became effective on January 2, 2014, which became final and conclusive on January 2, 2014. On September 3, 2015, the same court was sentenced to four months of imprisonment for larceny, etc.; on April 7, 2016, the same court was sentenced to four months of imprisonment for property damage, etc. and completed the execution of the final sentence in Jeju Prison on May 5, 2016.

At around 17:00 on May 17, 2016, the Defendant opened a gate and intruded into the house of the victim D located in Jeju Island, and thereafter, the Defendant placed a 1 set-off of the net amount for men, the market price of which is equivalent to KRW 1,00,000, and 1 set-off of the net amount for women, the market price of which is equivalent to KRW 600,000,000, and 18K gold 1, the market price of which is equivalent to KRW 60,000,000, and the gold 1, the market price of which is equivalent to KRW 80,000.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of field identification;

1. Written statements of D;

1. On-site photographs;

1. Investigation report (investigation related to calculation of the amount of money and valuables damaged);

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (recognating repeated offenses and attaching copies of the judgment), investigation reports (Attachment to imprisonment with prison labor for thief crimes);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the point of larceny for repeated crimes), and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment with prison labor);

1. Aggravationd repeated crime: Article 35 of the Criminal Act (limited to the crime of intrusion upon residence);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each of the above crimes);

1. Reduction: Order for the reasons under Articles 53 and 55(1)3 of the Criminal Act;

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