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(영문) 인천지방법원 2018.11.07 2018고단3206
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 18, 2005, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court, on December 18, 2007, and four years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on November 14, 2012, and completed the execution of the sentence on September 21, 2015.

On March 5, 2018, at around 17:39, the Defendant came to the victim C’s house located in Dong-gu Incheon Metropolitan City, Dong-gu, and went to the victim’s house, thereby opening a cresh gate and impairing the house to the inside of the victim, thereby bringing about KRW 20,000 in cash owned by the victim on his/her book.

Accordingly, the defendant stolen the victim's property by intrusion upon the victim's residence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous convictions in judgment: Application of inquiries about criminal investigation experience, replys to inquiries about personal confinement status, and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act (abstinence of residence and choice of imprisonment) and Article 319 (1) of the Criminal Act (abstinence of residence and choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment, to the extent that the punishment is aggregated with the long-term punishment of the crimes above two crimes) of the aggravated Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing criteria [Scope of the recommended punishment] There is no basic area (two or four years to four years) (the scope of the revised punishment) of the basic area (the person subject to special sentencing) of the theft of specific crimes under the Specific Crimes Aggravated Punishment Act [the scope of the revised punishment] [the scope of the revised punishment]] two years or longer (Observance of the lower limit of the scope of the punishment for the crimes subject to which the sentencing criteria are not applicable, and observance of the crimes subject to which the sentencing criteria

2. The residence shall be at the lower time than the sentence of sentence;

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