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(영문) 서울북부지방법원 2016.05.25 2016고단1117
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On December 3, 199, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 3, 199, five years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on January 9, 2004, and three years of imprisonment with prison labor for a crime of violation of the Act at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on December 24, 2010, and the execution of the sentence was completed at the Ansan Prison on November 11, 2013.

[Criminal facts]

1. On February 3, 2016, at around 14:00, the Defendant infringed upon the victim’s residence by opening an unrecepted gate and breaking the door door glass of the victim of the first floor underground, and releasing the locking device inside the door to the victim’s house.

2. The Defendant damaged the Defendant’s property by breaking the front door glass of brooms that were located near the victim’s house brooms at the same time and place as paragraph 1, and by breaking the brooms that were located in the brooms and brooms in the vicinity of the victim’s house brooms, and destroying the brooms of 300,000 won, which are the victim’s possession, by cutting the brooms of brooms that were contained in the glass.

3. The Defendant stolen, with the same date and time as paragraph (1) of this Article, and with 100,000 won in total as the market price owned by the victim who was in the inside and outside of the scene, the Defendant stolen with 10,000 won in cash rights of KRW 3,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the results of field identification, request for genetic appraisal, response to requests for appraisal, gene appraisal, and inquiry about the DNA personal information of detained suspects;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on criminal investigation (report on attachment of such previous convictions and written judgments);

1. Article 5 of the Act on the Punishment, etc. of Specific Crimes and Article 5-4 of the Act on the Aggravation of Punishment, etc. of Specific Crimes as to the crime.

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