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(영문) 인천지방법원 2014.11.05 2014고단4764
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One (Evidence No. 1) and one (Evidence No. 2) shall be confiscated.

Reasons

Punishment of the crime

On February 15, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court on February 15, 2012 and was sentenced to two years and six months on April 20, 2014, and had three same kinds of records, including the completion of the enforcement of the said sentence

The Defendant, using a low time zone, purchased small dusts to be used when the Defendant released the correction device of the entrance door to steal the goods by intrusioning on the abandoned house, and selected a populated area with many abandoned houses as the object of committing the crime.

At around 14:00 on June 23, 2014, the Defendant: (a) destroyed the correction device by sucking it in the entrance cresh; and (b) invaded into the house by sucking it; and (c) stolen the creamble owned by the victim with property equivalent to KRW 4,500,000, totaling KRW 800,000, cash amounting to KRW 400,000, and KRW 5,700,000,000.

From April 22, 2014 to the same year, as in the list of crimes in the attached Form, the Defendant habitually uses the same method.

7.1. up to 26 times in total, the victims' property was stolen or attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, F, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

1. Each protocol of seizure, list of seizure and photograph of seized articles;

1. On-site photographs;

1. Records before judgment: Criminal records, etc. and inquiry reports and investigation reports (attached to judgment records, etc.);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, and the choice of limited imprisonment, inclusive, with respect to the relevant criminal facts and the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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