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(영문) 인천지방법원 부천지원 2017.07.21 2017고합75
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 11, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Incheon District Court’s Vice Branch Branch, and on July 6, 2012, in the Incheon District Court’s Vice Branch, for one year and six months, and on May 16, 2014, for three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Incheon District Court’s Vice Branch, and completed the execution of the sentence on March 17, 2017.

【Criminal facts】 On April 3, 2017, at around 12:10 on April 3, 2017, the Defendant opened a locked door and intruded into the above office and carried the victim D’s cash 2.60,000 won, the market price of which includes the victim’s cash 2.60,000 won.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. Investigative reports (related to calculating the value of damaged articles);

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Attachment to the current status of personal expropriation), and current status of personal expropriation;

1. Habituality of the judgment: The defendant committed the crime of this case even though he had been punished three times as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) as stated in the records of the crime in the judgment of the court, including that he was punished three times (seven times in actual punishment, one time in suspended execution), and that he committed the larceny of this case only in the place of release from prison, and that he committed the crime of this case. The criminal act of this case is the same as the number of larceny committed by the defendant before the crime of this case. The defendant had money exceeding 10,000 won during the number at the time of this case, and his parents have paid money every one hundred million won while he was able to give the monthly rent of the telecom that the defendant will reside, and the defendant committed the crime of this case and the interval between the crime of larceny again after his release from prison is shorter.

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