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(영문) 서울북부지방법원 2015.07.23 2015재고단39
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On January 7, 2005, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and one year and six months for a short term, and one year and one year for a short term, from the same support on April 26, 2007 to the same support on September 18, 2009, and was sentenced to imprisonment with prison labor for larceny, etc. from the same support on September 18, 2009, and was sentenced to two months for larceny from the same support on February 17, 2010, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., from the Suwon District Court on March 19, 2013 to the Suwon District Court on July 17, 2014.

At around 14:00 on September 17, 2014, the Defendant found the key to the second floor victim D (n, 44 years of age) located in the Pakistan, and opened a gate using the key, and intruded the victim’s residence by using the key. The Defendant habitually cut off the 1,590,000 won of the market price owned by the victim, which was in the house by using the crepit of the house, and the amount equivalent to KRW 1,00,000, market price of KRW 400,000, and KRW 1,590,000 in cash and KRW 40,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of records of prisoners), investigation reports (reports on criminal records of the same kind of suspect and attachment of written judgments);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than nine years;

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. The defendant who has been sentenced to criminal punishment has many records of being punished for the same kind of crime, and this case.

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