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(영문) 수원지방법원 평택지원 2016.07.07 2016고단949
상습절도등
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2] On October 13, 2005, 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 Seoul Western District Court on February 19, 2008 and two years from the Seoul Western District Court on April 6, 201 as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 4, 2013, 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 Seoul Western District Court on February 7, 2016 and completed the execution of the sentence.

[Criminal facts]

1. On April 24, 2016, at around 11:00, the Defendant went into the house of the victim D, located on the second floor of Pyeongtaek-si C Housing, and went into the house through a window installed on the outer wall of the building, and then came into possession of precious metal (gold tweet, gold tweet, and gold 18 kh 10 kh tweet) equivalent to the total market value of the victim located in the inner cremation.

2. On May 6, 2016, at around 09:30, the Defendant came into the house of Victim F with the first floor of Pyeongtaek-si E Housing, and came into a 300,000 won of cash in the safe cremation after removing the window of crime prevention and intrusion into the house through unlocked windows.

Accordingly, the defendant habitually stolens the victims' property and intrudes their residence respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. On-site photographs and CCTV photographs;

1. Previous convictions: Inquiry into criminal history and investigation reports (the attachment of the previous convictions and confirmation of the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Relevant legal provisions of the Criminal Act, Articles 332, 329 of the Criminal Act (Habitual larceny, Selection of Imprisonment), and Article 319 (1) of the Criminal Act (Infringed upon residence, and Selection of Imprisonment) concerning the crime;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.

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