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(영문) 인천지방법원 2014.12.24 2014고단6988
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Nos. 1, 2, 3, 5 through 13, 29 through 41, 57.

Reasons

Punishment of the crime

On March 2, 1994, the Defendant was sentenced by the Seoul High Court to a maximum of one year and six months and one year and one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to imprisonment for the same crime on November 10, 1995 with prison labor for two years and two months and two months of imprisonment with prison labor for the same crime at the Sungwon District Court Sungnam branch on November 10, 1995, and was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul Northern District Court on May 30, 200 and was sentenced to four years of imprisonment with prison labor

At around 14:00 on September 18, 2014, the Defendant: (a) opened an entrance by putting a tool installed at the entrance entrance of the apartment, and intruded into the victim’s residence, and (b) held two gold half of 380,000,000 won and two US dollars of 2 US dollars of 500,000.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

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

1. Investigative report (the details of arrest of a suspect) (the category of the suspect and addition of damaged articles due to the victim's relative Myeonglass);

1. Previouss before and after judgments: Criminal history records, copies of written judgments, and investigation reports (verification reports at the expiration date of the execution of the punishment), (Attachment of written judgments in related cases);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Jan

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for confiscation [the scope of recommending] types 1 (general and repeated larceny) (one year and six months to three years) (special mitigation) are mitigated areas (one year and six months).

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