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(영문) 인천지방법원 부천지원 2016.10.07 2016재고합5
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for five years.

The seized Certificate 6 to 9 shall be returned to the victim's name unrefilled.

Reasons

Punishment of the crime

【Criminal Power】 On February 5, 1997, the Defendant was sentenced to 4 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Seoul High Court on March 7, 2002, and 3 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on March 7, 2002. On July 26, 2007, the Defendant was sentenced to 5 years of imprisonment with prison labor for the same crime from the Busan District Court’s Vice-Support, and the said judgment became final and conclusive on October 13, 201

【Criminal Facts of Crimes】 On September 25, 2012, the Defendant: (a) opened a window-deed window on his/her hand; (b) opened an open window without correction; and (c) stolen four gold half of the total market price owned by the victim in the westhead of the Gu, the sum of which is equivalent to three million won; and (d) stolen money and valuables of the victims on 24 occasions from around that time to January 14, 2013, as shown in the annexed crime list, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement (victim) with respect to F, J, K, M, M, N, P, Q, R, H, T, U, V, W, X,Y, Z, AA, AB, AC, I, and AD;

1. Photographs of the damaged place, each damaged site photograph, and on-site inspection photograph;

1. Inquiry into the result of an appraisal at a criminal scene;

1. Each report on investigation;

1. Each protocol of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, results of inspection of prisoners, investigation reports, and copies of each judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Articles 332, 329, and 342 of the Criminal Act, inclusive of the relevant Articles of the Criminal Act and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

1. Reasons for sentencing under Article 333 (2) and (1) of the Criminal Procedure Act to deliver victims;

1. The scope of applicable sentences under law: Imprisonment for one month from February to February 18.

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