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(영문) 의정부지방법원 2016.11.09 2016고단3725
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 September 22, 2005, the Defendant was sentenced to six months of imprisonment with prison labor by the Seoul Western District Court for larceny, etc. on January 20, 201, and was sentenced to six months by the Seoul Southern District Court for larceny, etc. on January 20, 201, and on January 17, 2013, the Defendant was sentenced to three years and six months of imprisonment with prison labor by the Seoul Southern District Court for larceny, etc. on May 12, 2016.

From August 3, 2016 to 14:30 to 15:15 on August 3, 2016, the Defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, etc., and was in the house of the victim D located in the city of Jung-si, the Defendant released lock-out from the key being kept in the vicinity of the entrance, and intruded into the house. The Defendant stolen and stolen the lock-out with the key of the victim D, which was kept in the vicinity of the entrance, and the cash of KRW 160,000, which was kept in the envelope between the victim’s inner harassment, and KRW 30,000,000, market price of KRW 400,000, and KRW 20,000,000,000, market price, and KRW 100,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Internal photographs of the house at the time of report of damage;

1. Each investigation report (specific description of the suspect's appearance, suspect's identification, card of use of the suspect, specific description of the suspect, application for search, seizure and verification warrant, and specification of the suspect);

1. Examination of details of transactions, such as one card;

1. Previous records: Application of Acts and subordinate statutes to criminal records, personal confinement status, investigation reports (where the same kind of case and summary order are attached and a copy thereof shall be reported);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

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

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

1. Application of the sentencing criteria [Determination of types] Habitual and repeated larceny (general and repeated larceny) : Basic area [Determination of the recommended area] : Imprisonment with prison labor for 2 years to 4 years [general person] - Mitigation elements: Damage minor;

2. The defendant who is sentenced to sentence shall be sentenced to that sentence.

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