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(영문) 창원지방법원 밀양지원 2019.03.21 2019고단15
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On February 2, 2001, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Daegu District Court for ten months, 8 years from imprisonment with prison labor for special larceny at the Daegu High Court on September 12, 2002, and 1 year from imprisonment with prison labor for night intrusion larceny at the Changwon District Court on May 25, 201, and completed the execution of the final sentence at the Changwon Prison on November 9, 201.

【Criminal Facts】

1. On December 1, 2018, the Defendant: (a) 19:15, 201. On December 1, 2018, 201, the Defendant: (b) laid up gas pipes installed on the outer wall of the said building in the building C building; (c) opened a window referred to in subparagraph D, the house of the victim B; (d) intrudes the inside; and (e) opened the said window; and (e) opened the said window, the cash owned by the victim under the television display box; (e) 50,000 won in cash, the market price of which is 10,000,000 won in shopping bags; and (e) opened one set of kyl-packer, the market price of which is unknown.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

2. On December 1, 2018, the Defendant: (a) around 20:10 on December 20, 2018, 1: (b) around 20:10, 2018; (c) around 20:10, the Defendant: (a) laid gas pipes installed on the outer wall of the said building; and (d) intruded the inside of the house through Hhoh, the house of the victim E, and carried out a bell for male use of 500,000 won at the market price, which was owned by the victim.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each written statement E and B;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (examination of change of rate) and investigation report (verification at the time of sunset);

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (the same type of suspect records and attachment of judgment), application of statutes on judgment;

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

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

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