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(영문) 인천지방법원 2017.04.20 2017고단1661
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On August 21, 1996, the defendant was sentenced to a fine of 200,000 won to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Incheon District Court; on August 13, 2009, the same court was sentenced to larceny; on October 1, 2013, the defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the same court; on June 25, 2016, the execution of the sentence was completed.

[2] On February 16, 2017, the Defendant: (a) opened the door of the apartment site with the victim D’s house located in the Nam-gu Incheon Metropolitan City apartment unit C apartment unit on February 16, 2017; (b) opened the door of the apartment site with the date Draber; (c) intruded into it; and (d) committed the theft with the market price of the victim located in the small West West-gu, Seoul; (b) ten (10) 10 (10) flicks (60,000 in cash; and (c) 20,000 won in cash; and (d) committed the attempted theft or attempted theft of goods owned by the victims on four occasions from around that time until February 17, 2017, as indicated in the list of crimes in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each statement of D, F, G, and H;

1. Seizure records of police, such as on-site photographs, CCTV photographs before and after committing a crime, administrative drawings on the day the suspect A was involved, on-site CCTV photographs, and CCTV closures;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reference to confinement, investigation report (verification of the past sentence of imprisonment with prison labor for not less than three times with prison labor for larceny);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-4 (5) of the same Act as to the selection of the specific crime, Articles 329 and 342 of the Criminal Act (the crime of larceny of repeated crime after the third sentence) and Article 319 (1) of the Criminal Act (the crime of intrusion upon residence, selection of imprisonment), Articles 322 and 319 (1) of the Criminal Act (the crime of attempted intrusion upon residence, and selection of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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