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(영문) 인천지방법원 2018.10.12 2018고단6421
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Incheon District Court on November 24, 2010, and was sentenced to two years of imprisonment with prison labor at the Incheon District Court on January 6, 2012 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On February 4, 2015, the Incheon District Court sentenced the Defendant to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on May 28, 2016

[Criminal facts] around 10:50 on August 31, 2018, the Defendant: (a) went in front of the “D” warehouse operated by the victim C in Dong-gu Incheon Metropolitan City, Dong-gu; and (b) committed an intrusion on the victim’s warehouse to steal the property.

After entering the above warehouse, the Defendant stolen the victim's market value at a level of 200,000 won (4.2kg) owned by the victim.

Accordingly, the defendant intrudes upon the victim's structure, was sentenced to imprisonment more than three times with prison labor for larceny, and was punished for larceny again within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a crime and a report on each investigation (to attach specific suspects and CCTV images to buildings or CCTV);

1. 112 Notification to a department related to the report of the case;

1. CCTV image data closure photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report ( repeated crime and report on the same record);

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion on buildings, choice of imprisonment), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (a point of larceny of repeated crimes) concerning criminal facts;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds) is based on the sentencing.

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