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(영문) 제주지방법원 2019.10.11 2019고단1719
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2008, the Jeju District Court sentenced the Defendant to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On June 21, 2012, the same court was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On September 21, 2015, the same court sentenced the Defendant to three years and six months of imprisonment for night-time intrusion and intrusion larceny and completed the execution of the sentence in the Jung Eup prison on January 26, 2019.

【Criminal Facts】

On August 10, 2019, from around 04:03 to around 04:11 on the same day, the Defendant opened an entrance that was not locked by the victim D, and intruded into the above Chos, and then cut off the cash amount of KRW 1 million owned by the victim from the victim’s wall located adjacent to the table.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen another's property by intrusion into a room occupied by another person at night during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Relevant photographs, internal investigation reports (on-site exit and the investigation of the moving partner of the suspect), investigation reports (on-site tracking and investigation of the same suspect before and after the crime of the suspect), and seizure records;

1. Previous records of judgment: Application of criminal records, inquiry reports (reports attached to judgments on the same criminal records of a suspect), investigation reports (reports on confirmation of facts corresponding to the period of repeated crime of a suspect) and Acts and subordinate statutes;

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. It is ordered as ordered by taking into account the following factors: (a) the Defendant was punished several times for the same type of crime with the sentencing reason under Article 35 of the Criminal Act; (b) the Defendant’s mistake was recognized; and (c) the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (d) the circumstances after the crime were committed.

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