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(영문) 수원지방법원 안산지원 2014.04.16 2014고단488
특수절도
Text

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

Reasons

Criminal facts

On July 2, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny in the Suwon District Court’s Ansan Branch, and was sentenced to ten months of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. in the Suwon District Court’s Ansan Branch on November 15, 201, and the said sentence became final and conclusive on November 23, 201, and the said sentence was invalidated on January 30, 201, and the period of parole was expired on March 26, 2013 after the execution of each sentence by the Suwon District Court’s Ansan Branch.

At around 02:00 on December 21, 2013, the Defendant confirmed that the victim's house was unfolded by the victim's house located in Silung City, and then removed the victim's house toilet crime prevention room in his hand, destroyed the house, and used one passport owned by the victim, one LG smartphone, one car with the market value of KRW 400,000,000, and one car with the market value of KRW 400,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Five on-site photographs;

1. An investigation report (examination of suspect criminal records);

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports by individual;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Scope of Punishment] 1 year and 20 years (Scope of Recommendation in the Sentencing Criteria] Imprisonment with prison labor from 1 year to 6 years (Scope of Recommendation in the Sentencing), theft from 1 year to 6 years (special heavy areas), theft from 1 year to 6 years, theft from intrusion into general property (special persons], or repeated crimes of the same kind which do not fall under special circumstances (type 4) or special circumstances (type 4), imprisonment with prison labor for the crime of this case is the case where the defendant stolen another person's property after the defendant intrudes another person's residence by destroying part of a structure at night and damaging it, and the defendant committed the crime of this case during the period of repeated crime due to the same kind of crime, and has not yet been recovered from damage to the victim.

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