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(영문) 인천지방법원 2014.07.24 2014고단3023
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On November 4, 1985, the defendant was sentenced to a suspended sentence of one year and six months for special larceny, etc. at the Incheon District Court sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 9, 1987, the Seoul High Court sentenced him to a one-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On August 21, 1990, Incheon District Court sentenced him to a three-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 19, 1993, the above court sentenced him to a two-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Protection of Victims (Rape, etc.). On October 28, 1996, the above court sentenced him to a five-year imprisonment for a larceny crime and the above punishment on the Aggravated Punishment, etc. of the Victims (Rape, etc.).

【Criminal Facts】

At around 23:20 on February 1, 2014, the Defendant: (a) intruded the victim D’s residence in Nam-gu Incheon Metropolitan City, without correction, into the entrance through the above residence fence; (b) took cash of 150,000 won, credit cards, and identification cards; and (c) took off the victim E’s temporary wall that contains the above D’s identification card; and (d) cut off the victim E with cash of 150,000 won, credit cards, and identification cards.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. NA's response, convict DNA personal information;

1. Previouss before ruling: References to criminal records, investigation reports (a confirmation during the repeated period), and the same records of investigation reports; and

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