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(영문) 인천지방법원 2018.08.30 2018고합380
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On September 21, 2001, 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 Incheon District Court on September 21, 2001; imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 22, 2005; two years and six months; 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 October 9, 2008 at the Incheon Western District Court on June 8, 2012; and one year and six months; and on August 1, 2014, the Seoul High Court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on August 21, 2017.

[Criminal facts]

1. On September 15, 2017, around 20:25, the Defendant: (a) opened a gate up to the second floor through a gate with no correction and eating that stolen goods from the victim D’s house located in Seo-gu Incheon, Seo-gu, Incheon; (b) but (c) was discovered to have attempted by the victim.

2. On May 29, 2018, around 11:38, the Defendant: (a) opened a window up to the second floor through a gate that did not correct and correct the theft of goods from the victim F’s house located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon; (b) but (c) went away without entering the window due to correction of the windows, and was committed to attempted crimes.

Accordingly, the defendant was habitually sentenced to larceny at least twice, and again attempted to steal the victims' property again within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. On-site photographs;

1. Investigation reports (fields, statements of victims, etc.);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, investigation report (formers and attachment thereof), and judgment attached thereto;

1. Habituality: The same type of crime has been repeated for a considerable period of time, and the defendant has served as a thief.

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