(영문) 서울동부지방법원 2019.10.31 2019고합306

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(영문) 서울동부지방법원 2019.10.31 2019고합306

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On June 29, 2002, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Seoul Central District Court on March 10, 2005, and one year and six months from imprisonment with prison labor for the same crime at the Seoul East District Court on October 25, 2006, and three years from imprisonment with prison labor for the same crime at the Suwon District Court on June 27, 2008, at the Suwon District Court on July 22, 201, at the Daegu District Court on June 5, 2015, and at the Daegu District Court on April 5, 2018, and completed the execution of the sentence by being sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc.).

【Criminal Facts】

On September 13, 2019, at around 19:05, the Defendant opened a gate in front of a multi-household house residing by the victim C in Gangdong-gu Seoul, and opened it into the math, and opened the 2nd floor where the victim’s house is located. The Defendant did not commit an attempted crime, even though the Defendant got out of the math of the math of the math and the math of the math of the eth to confirm that the math of the eth of the eth of the eth of the eth to connect the victim’s house to the eth of the eth of the eth of the eth of the eth of the eth of the eth to

As a result, the defendant was sentenced to punishment twice or more habitually due to larceny, and again attempted to steals property by intrusion upon the victim's residence at night within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (verification of sunset time);

1. 112 Reporting case management table;

1. On-site photographs;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report attached to a judgment), and personal confinement records;

1. Habituality of judgment: Each criminal history, method of crime, frequency of crime, and the same kind of crime as indicated in the judgment;

참조조문

-특정범죄 가중처벌 등에 관한 법률

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