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(영문) 인천지방법원 부천지원 2014.10.02 2014고단1038
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny in the Suwon District Court's Ansan Branch on February 19, 2013, and completed the execution of the sentence on January 8, 2014.

On April 26, 2014, at around 10:00, the Defendant: (a) towed and stolen a bicycle of the amount of KRW 4.80,00,000 (MMENUM) at the victim D’s market price, which was installed at the entrance of the Socheon-si, Busan Metropolitan City C.

The Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Seoul Southern District Court on April 23, 2009, and was sentenced to eight months of imprisonment with prison labor for larceny, etc. on November 19, 2009.

On February 19, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny in the Suwon District Court's Ansan Branch, and completed the execution of the sentence on January 8, 2014.

On July 29, 2014, at around 01:00, the Defendant intruded with the entrance door, which was opened in Gagna, the victim F, the residence of the victim F in Y in Yacheon-gu, Seocheon-gu, Sincheon-gu, and led the victim, who was on the first floor, to 330,000 Habrid bicycle at the market price of 70,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Materials output from the Internet;

1. Previous convictions: Criminal records and investigation reports;

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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The reasons for sentencing in Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are indicated in the sentencing guidelines.

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