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(영문) 제주지방법원 2016.11.03 2016고합114
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 3, 2005, the Defendant was sentenced to imprisonment with prison labor for the same offense in the Jeju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on January 16, 2009, the Defendant was sentenced to three years for imprisonment with prison labor for the same offense. On December 6, 2012, the said court was sentenced to three years for the same offense and completed the execution of the final punishment in the Jeju Prison on September 21, 2015, and was sentenced to ten times for the same larceny crime.

On March 26, 2016, at around 22:50, the Defendant: (a) opened an unlocked kitchen at the victim D’s house in Seocho-si C; and (b) opened the house, and intruded into the house; and (c) did not bring about an attempted attempt by the mother of the victim returned home with stolen objects to E.

As a result, the defendant was sentenced to punishment twice or more for larceny, and committed the crime of larceny at night again within three years after the execution of the punishment is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. As a result of appraisal requests, transmission of the results of DNA identification information database search, and personal information of convict DNA;

1. All on-site photographs;

1. Investigation report (on-site confirmation and investigations of victims);

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (verification reports during the period of repeated crimes of suspects), and accompanying materials;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing larceny in light of the fact that each crime has led to the same kind of crime within a short time after the completion of execution of the final sentence, etc. of the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime;

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 (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from June to 25 years;

2. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) provides that the sentence shall be rendered.

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