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(영문) 서울남부지방법원 2018.09.14 2018고합319
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On June 19, 198, the defendant was sentenced to imprisonment with prison labor for a maximum of three years and six months for special larceny, etc., three years for a short term, three years for Sep. 22, 2003; six months for larceny, etc.; eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on Aug. 31, 2005; eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on Sep. 29, 2007; one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on Jun. 26, 2009; one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on Oct. 15, 2004; and one year and one year and six months for a maximum.

[Criminal facts] On June 8, 2018, around 14:10 on June 14:10, 2018, the Defendant: (a) intruded into the victim’s inside room through the inner window that was not corrected for the purpose of theft of property, and obstructed the Defendant’s attempted crime by exposing the object to be stolen; (b) opened the small door door of the victim via the living room; and (c) did not escape from the victim as it is with the matern; and (d) did not perform the intended crime.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again attempted to steal the victim's property again within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Each investigation report (whether the suspect's specific identification, fingerprints conforms to the suspect's DNA, and whether the suspect's DNA conforms to each other) (the net time 10,14,22);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (A), and attachment of the same criminal suspect's judgment and status of confinement);

1. Habituality of the judgment: the history of the crime, the method of the crime, and the period of release.

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