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(영문) 광주지방법원해남지원 2020.11.19 2020고단372
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[criminal power] On November 22, 2007, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s net support on November 22, 2007. On July 26, 2012, the Defendant was sentenced to four years of imprisonment for the same crime, etc. in the Gwangju District Court’s branch, and on October 12, 2016, the Defendant completed the execution of the sentence in the Southern Prison on June 22, 2020.

【Criminal Facts】

On September 30, 2020, the Defendant: (a) opened a window that had not been corrected on the premise of theft of property from the victim C’s residence in Hado-gun, Jeonnam-do; (b) entered the said room to the inside; and (c) infringed on the victim’s residence in Hado-gun, Jeonnam-do-gun; and (d) stolen the said window with approximately KRW 40,000,000,000 and KRW 20,000,000,000,000.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on internal investigation (on-site identification, and specification of the person suspected of this case), fingerprinting as a result of fingerprinting appraisal, and a written appraisal (written result of search);

1. Investigation report (the confirmation of CCTV images installed at the victim's home and the confirmation of the suspect A's criminal act), CCTV images to capture photographs;

1. A report on investigation (as to attach photographs of seized articles), and photographs of seized articles;

1. Previous convictions in judgment: The results of inquiry, investigation reports (verification of crimes during the criminal records of the same kind of suspect and the period of repeated crimes), one copy of the judgment, one copy of the list of related cases, one copy of the personal confinement status, and one copy of the statutes of a

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 319 (1) of the Criminal Act concerning facts constituting an offense, and Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

1. The scope of punishment by law: Imprisonment;

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