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(영문) 수원지방법원 안양지원 2019.05.10 2019고단529
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] According to the evidence adopted by the Seoul High Court on February 12, 2015 at the Seoul High Court on July 7, 1994, the defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, three years of suspension of execution, four months of imprisonment with prison labor for larceny from the subsidiary branch of the Incheon District Court on July 20, 2006, six months of imprisonment with prison labor for larceny, etc. from the Incheon District Court's Incheon Branch Branch Branch of the Incheon District Court on September 7, 2007, and one year and eight months of imprisonment with prison labor from the Incheon District Court on September 11, 2008, and one year and eight months from the Incheon District Court on September 11, 2008, and one year and one year and one year and two months from the Incheon District Court on February 12, 2015, not from the court on violation of the Aggravated Punishment Act

According to the evidence that habitual larceny was adopted in the Incheon District Court's Branch of the Incheon District Court on June 11, 2015, the defendant can be admitted the fact that habitual larceny was recognized under the Criminal Act, not the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the time.

On July 7, 2017, the execution of the final sentence was completed in the Ganbuk Vocational Training Correctional Institution.

【Criminal Facts】

피고인은 2019. 2. 22. 18:48경 군포시 B 동 ◆◆◆호에서, 피해자 C가 외출한 틈을 이용하여 2층 베란다 창문을 통해 집안으로 침입한 후 안방 내 서랍장과 장롱에 보관 중이던 시가 약 500만 원 상당의 반지 13점과 시가 60만 원 상당의 상품권, 수표 등을 가지고 나왔다.

Accordingly, the defendant, who has been sentenced to imprisonment not less than three times due to larceny, has invaded upon the victim's residence at night during the period of repeated crime and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Data on CCTV photographs of crime scene and suspect moving lines;

1. Comparison photographs of the suspect who is found around the scene of the crime and at the scene of arrest, and the sufficient evidence found at the scene of the crime and at the scene of arrest;

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