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(영문) 인천지방법원 부천지원 2018.10.11 2018고단2026
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

[criminal history] On November 29, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for night intrusion larceny, etc. at the Incheon District Court’s Branch Branch, and the said judgment became final and conclusive on March 19, 2013. On April 30, 2014, the Incheon District Court was sentenced to 1 year and six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Support of the Incheon District Court, and the said judgment became final and conclusive on August 18, 2014. On March 25, 2016, the Defendant was sentenced to 1 year and six months of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the branch of the Incheon District Court’s Branch on August 23, 2016, and the execution of the final vocational training was terminated at the Incheon District Court on August 18, 2017.

[Criminal facts]

1. On August 4, 2018, the Defendant: (a) opened a first floor gate and intruded into D around 02:00, Seocheon-si D; and (b) cut off the victim’s house with the second floor up to the second floor through the stairs, which is the victim’s ownership of an amount equivalent to KRW 50,000,00, the market price of which is equivalent to KRW 50,000,000, and the victim’s house owned by the market price of KRW 20,000.

2. On August 4, 2018, around 02:30 on the victim E’s residence, the Defendant, who committed the crime against the victim E, opened an unlocked front door door and excavated into the house, and did not escape from the scene of sound, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. The results of CCTV photographs, photographs of the scene of the crime, and database search data on DNA identification data before carrying any damaged article, and any damaged article;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the date of release of the suspect), and the current status of confinement of each individual;

1. Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime is applicable.

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