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(영문) 춘천지방법원 2020.05.07 2020고단4
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 9, 2010, the Defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the main branch of the Chuncheon District Court. On February 19, 2016, the same court sentenced three years to habitual larceny. On December 5, 2013, the Defendant was sentenced to three-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the main branch of the Chuncheon District Court, and filed a request for review during the enforcement of the sentence. After the commencement of review was decided, the Defendant was sentenced to three years imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the main branch of the Chuncheon District Court, and completed the enforcement of the sentence on October 15, 2016.

In addition, on May 24, 2017, the Chuncheon District Court sentenced one year and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the original prison on July 8, 2018.

In addition, on November 7, 2019, the Defendant was sentenced to one year to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Jeju District Court's original branch court, and is currently pending in the appellate trial.

Criminal facts

At around 14:00 on October 25, 2019, the Defendant: (a) opened a boiler room at the home of the victim H (n, 80 years of age) located in G in G, and intruded into the house; (b) cut off the cash of 330,000 won ( Chapter 4, 13,000 won) in the victim’s possession at the wall wall located in the inside and outside of the victim’s room; and (c) cut down one gold 14 km in the market value of 150,000 won and one gold 14 km in the market value of 40,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Police seizure records, investigation reports (with regard to the details of seizure), and investigation reports (attached documents of results of comparison and appraisal in salvance);

1. Previous record: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Relevant Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319(1) of the Criminal Act concerning criminal facts, the occupation of intrusion upon residence, and imprisonment with prison labor.

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