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(영문) 인천지방법원 2018.11.01 2018고단5990
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal history] On December 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an attempt to larceny at night in the Incheon District Court’s Branch Branch, and on October 23, 2014, the Defendant was sentenced to imprisonment with prison labor for night intrusion and larceny at night, etc. on October 23, 2014, and on November 30, 2016, the Defendant was sentenced 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 (Larceny) at the same court (hereinafter “the same court”) and completed the execution of the sentence on November 27, 201

[Criminal facts]

1. On July 26, 2018, the Defendant: (a) 202:00 on July 26, 2018, 2018, around 02:00, up to three floors of the gas pipeline installed on the outer wall from Namdong-gu Incheon Metropolitan City, Incheon; and (b) obstructed the victim’s residence toilet to the victim’s residence and intruded the victim’s toilet, thereby causing a theft of property; (c) the Defendant was aware of the victim, and did not commit an attempted crime.

2. On August 9, 2018, the Defendant: (a) around 02:45, around August 9, 2018, 2018, she dried up to the second floor of the gas pipeline installed on the outer wall in Nam-gu, Incheon, Nam-gu E-gu, Incheon; (b) opened the victim F’s residence bendra window and intruded into it; and (c) cut off with 61,000 won in cash on the part of the victim’s wall located on the wall of the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Previous convictions: Inquiries about criminal history and application of each Act and subordinate statutes reporting criminal investigations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act (Article 342 of the Criminal Act shall be added to Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime of the crime: Provided, That the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes shall be deemed a special provision concerning the aggravated punishment of repeated crimes pursuant to the proviso to Article 8 of the Criminal Act in light of the need for the

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is 【The scope of the recommended punishment】 The basic area [one year and six months - three years;

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