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(영문) 수원지방법원 안양지원 2017.07.19 2017고단1012
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On June 24, 2010, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Goyang Branch of the Jung-gu District Court on the Aggravated Punishment, etc. of Specific Crimes (thief). On July 24, 2012, the Defendant was sentenced to two years of imprisonment for the same crime at the Daegu District Court on the same day, and on May 8, 2015, the Seoul High Court was sentenced to one year of imprisonment for habitual night intrusion larceny and completed the execution of the sentence on December 18, 2015.

[2] On June 9, 2017, the Defendant: (a) opened an unlocked door door at the victim D’s residence at Sinposi C and 106 around 02:25, and intruded into the victim’s residence; and (b) colored the goods to be stolen in light of the surrounding area by means of a telephone light in order to steal the property; (c) while the Defendant was carrying a portable door at the victim’s seat at the victim’s seat.

"A person who escaped out of a high sound protector and did not achieve his/her intention and did not receive such attempt."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A written appraisal;

1. On-site photographs and photographs of seized articles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (lists of suspect-related cases and report on attachment of previous convictions) and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime committed;

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

1. The sentencing of Articles 53 and 55 subparag. 3 of the Criminal Act (the following sentencing is favorable to one another): The criminal defendant's age, sex, occupation, family relationship, etc. is committed when the same criminal record has been committed during the period of repeated crime although there are several times, including the first head of the judgment, and the same criminal record has been committed during the period of repeated crime; the circumstances immediately after the crime have been committed; the poor circumstances are - the poor conditions: the victim's failure to want the punishment against the defendant; - Other circumstances: the defendant's age, sex, occupation, family relationship, etc.

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