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(영문) 대전지방법원 2021.01.14 2020고단4542

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 3, 2008, the Defendant was sentenced to ten months of imprisonment with prison labor for intrusion larceny of a structure at night at the Daejeon District Court, and on June 3, 2014, the same court was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and on July 11, 2019, sentenced to four months of imprisonment with prison labor for larceny of a structure at night at night at the same court.

On April 2, 2020, the Defendant was sentenced to imprisonment with prison labor for larceny in the same court on April 2, 202, and completed the execution of the above punishment on September 8, 2020.

[Criminal facts]

1. On October 18, 2020, around 00:14, the Defendant: (a) opened a driver’s seat, which was parked in the Seocheon-ro, Daejeon Daejeon-dong, Daejeon-gu, Daejeon-gu, 700 (T& Dong); (b) opened a driver’s seat, which was not locked by taking advantage of the gaps in which surveillance was neglected; and (c) stolen the Defendant with KRW 8,900 as the victim’s possession within the soft-dong.

2. On October 18, 2020, the Defendant: (a) opened a driver’s seat which was parked in front of the “E” located in Daejeon Dong-gu Daejeon-gu, Daejeon-gu; (b) opened a string-down string-down string-down string-down string-down string-down string-down string-down string-down string-down string-down string-down string-down string-on string-down string-on

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc. and has committed two times of larceny during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions in B, including seized articles, photographs of the scene CCTV data, etc.: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the current status of confinement of a suspect prison), investigation report (report attached to the same criminal record as the suspect, etc.);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (an aggravated punishment for concurrent crimes against a victim B with heavier penalty).