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(영문) 인천지방법원 2018.04.19 2018고단279
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, a punishment for intrusion upon residence around August 5, 2016 is imposed.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four months of imprisonment with prison labor for larceny at the Incheon District Court on November 5, 2010; on February 3, 2012, the same court was sentenced to eight months of imprisonment with prison labor for attempted larceny; on September 9, 2015, the same court was sentenced to ten years and ten months of imprisonment with prison labor for habitual larceny; on September 22, 2016, the Seoul Eastern District Court sentenced ten months of imprisonment with prison labor for habitual larceny and completed the execution of the sentence on June 5, 2017.

[Criminal facts]

1. On November 29, 2017, the Defendant: (a) opened and intruded a window in the victim D’s residence located in Namdong-gu Incheon Metropolitan City, Seoul, on November 11, 2017; and (b) attempted to steal the victim’s property from around 1,50,000 to around 2,50, the victim’s market price of KRW 1,50,000 per one and KRW 1,50,000 per 1,60,000 per 1,50,000 per 1,50,000 per 4 t, 1,50,000,000 won per 3,50,000 won per man’s hand h h h h h h h h h h h h h h h h h h h h h h h; and (c) to around 3 through 1, 2017.

2. On November 2017, the Defendant who intrudes upon his/her residence: G house 103, which was the victim F’s residence in the Southern-gu Incheon Metropolitan City E; and the entrance door, which was sent by mail as he/she thought of theft of property, shall be removed.

In addition, from August 5, 2016 to December 30, 2017, such as opening and intrusioning the doors set forth in the above 103, each victim's house and divers were invaded on nine occasions in order to steals property from around August 5, 2016 to December 30.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, J, K, and L;

1. Each statement of M, D, F, N, andO;

1. Protocols of police seizure and list of seizure;

1. Investigation report (Analysis of CCTV images around the scene), investigation report (Analysis of CCTV images for the purpose of protection and the laying of a suspect);

1. Each photographic material and suspect.

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