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(영문) 수원지방법원 2017.01.24 2016고합678
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On December 28, 2007, the Defendant was sentenced to a suspended sentence of one year and six months with prison labor for special larceny, etc. on December 28, 2007; on February 16, 2009, the Defendant was sentenced to imprisonment with prison labor on February 24, 2009; on September 27, 2013, the sentence of the said suspended sentence became effective; on September 27, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the support for Suwon Frigwon, and on November 13, 2015, on July 17, 2016, the Seoul Southern District Court sentenced two years of imprisonment with prison labor for habitual night night intrusion larceny, and completed the execution of the said sentence in the public prison on July 17, 2016.

[2] On September 23, 2016, around 19:34, the Defendant: (a) removed and destroyed the shock network of the window of the window of the victim’s residence by hand; (b) went into the victim’s cell, one cellular phone of KRW 260,000, and one hundred and sixty-three,00,000 in cash in the market price of the victim’s ownership at the same place; and (c) stolen it.

As a result, the Defendant was sentenced to punishment more than twice due to special larceny and night intrusion larceny, and the Defendant habitually damaged a part of the structure at night within three years after the execution of the punishment was completed, and stolen the property of the victim by intrusion at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements prepared by D;

1. A report on the occurrence of a crime (thief), the list of cases reported in 112, the investigation report (on-site investigation, CCTV investigation), the investigation report (the selection and investigation of a suspect), the investigation report (the identity of a suspect), the investigation report (the attachment of video CDs before and after the crime), and the investigation report (the confirmation at the time of sunset of the date of crime);

1. Photographs records, photographs (on-site photographs), photographs records (suspects, crimes and field photographs), output of the time of sunset;

1. A previous conviction: A statement of inquiry about criminal history, a statement of confirmation prior to the previous conviction of the disposition, a report of investigation (Attachment to the judgment, etc.), a text of the judgment, and a text of the judgment 1.

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