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(영문) 수원지방법원 안양지원 2013.04.26 2013고단137
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 25, 2002, the Defendant was sentenced to imprisonment with prison labor for larceny for one year at the Seoul Central District Court, and on November 19, 2003, from the Suwon District Court, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on July 6, 2005 at the same court on July 18, 2008, and one year and six months from the Seoul Central District Court on July 18, 2008.

At around 15:00 on January 22, 2013, the Defendant opened a window that had not been corrected in the house E of the victim of S apartment 102 in the Manan-gu Mangdong-gu D apartment 102 and intruded into the house, and stolen the said victim’s property at least KRW 2 million in total and market value with two gold Bans, half half brus, three gold brushes, three gold brushes, one gold brushes, one gold brushes, one color brushes in the ward, one brushes, one brushes in the ward, one brushes, one 1,9,500 foot brus, and two brushes brushes and two brushes in the city.

The defendant 2013

1. At around 16:30, the entrance was opened and intruded into the house by using the key located inside the window frame of the victim G at Annyang-si, Mayang-si, Mayang-si, Mayang-gu, 204, and the entrance was cut off with KRW 20,530,00 in total, KRW 50,000, KRW 175, KRW 100, KRW 100, KRW 35,50, KRW 78,000, KRW 78,000, KRW 10,000, KRW 530.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Seizure records;

1. Photographs (on-site and seized articles), photographs (on-site and distance between damaged places, etc.);

1. Previous convictions: Criminal records and investigation reports;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and the repeated crimes of the same kind;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(1) of the Criminal Act concerning criminal facts and the choice of punishment.

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