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(영문) 수원지방법원 안산지원 2016.12.02 2016고합325
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2003, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court for one year and six months, June 1, 2005 at the Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and two years at the Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In addition, on October 6, 2011, the Defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Cheongju District Court, and completed the execution of the sentence on July 13, 2014.

【Criminal Facts】

On June 23, 2016, at around 11:20, the Defendant intruded into the house and stolen the things from the house, and opened a string of the back-entry locker of the back-up gate and intruded into the house, and then put three pigs hackers containing three hundred thousand won of the market price in the inside of the house, which was in custody in the inside of the inside.

On September 2, 2016, at around 14:40 on September 2, 2016, the Defendant came into the residence of the victim F in E in light of the following circumstances: (a) into the residence of the victim F in light of Ma, by intrusion into the house, by removing a part of the shock network, by inserting the hand into the house, and then released the locking device of the entrance, and then intruded into the house, and carried with precious metal such as a dust boom in an amount of KRW 600,00,000 at the market price

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, G, and F;

1. Each investigation report (including photographs attached thereto, Nos. 5, 6, 8, 10, 11, 13, 15, 21, 23, and 26 of the Evidence List);

1. A report on the results of field identification;

1. Each photograph;

1. Previous records: Criminal records, current status of personal confinement, and each judgment;

1. Habituality of the judgment: the application of the Acts and subordinate statutes that recognize dampness in light of the records of each crime, the objects of the crime, the method of the commission of the crime, etc.

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