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(영문) 의정부지방법원 고양지원 2019.10.25 2019고단2392
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized gold dives and tools (No. 4) shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On November 26, 2010, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on November 27, 2015, and was sentenced to one year and six months of imprisonment with prison labor for night intrusion and larceny in the same court on November 27, 2015. On June 8, 2017, the same court was sentenced to six months of imprisonment with prison labor for the same crime, and one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. The execution

【Criminal Facts of Crimes】 On August 23, 2019, around 21:55, the Defendant used the entrance door to put the beer ker ker ker ker kerb in the key hole of the entrance, and then entered the said house as the above house, and 2,500,000 won in total at the market price owned by the victim, which was located in the said house, as two, 390,000,000,000,000,000,000,000,000,000,000,000,000 won, and 50,000,000,000 won.

Accordingly, even though the Defendant was sentenced to imprisonment not less than three times due to theft, etc., the Defendant intruded the victim’s residence at night, and stolen the victim’s property worth KRW 3,391,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of identical records of a suspect repeated crime) 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. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Two to forty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] is the thief [Class 1] joint habitual and repeated theft [no person] under the Specific Crimes Aggravated Punishment Act [the scope of the recommended area and the scope of the recommended punishment] basic area, one year and six months to three years.

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