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(영문) 대전지방법원 2019.05.15 2019고단1061

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 10, 199, the Defendant was sentenced to one year and six months from imprisonment for an attempted larceny at night at night at the Gwangju District Court Branch Branch, and on November 8, 2001, the Defendant was sentenced to one year and six months from imprisonment for an attempted larceny at night at night, by means of larceny at night, etc. on November 8, 2001; on July 3, 2003, the same court was sentenced to one year and one year from imprisonment for an attempted larceny at night; on November 25, 2009, the same court was sentenced to three years from a suspended sentence of one year for the same crime; on February 23, 201, the Defendant was sentenced to eight months from imprisonment for night intrusion at night, and on July 5, 201, the Defendant was sentenced to four months from imprisonment for an attempted larceny at night at night at the same court; on January 6, 2014, the Defendant was sentenced to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc.

【Criminal Facts】

At around 11:00 on March 20, 2019, the Defendant: (a) 11:00, entered the “Dcafeteria operated by the victim C in Daejeon Jung-gu B and the first floor; and (b) stolen the victim’s cash 49,000 won on the table of the table in the above restaurant; and (c) 200,000 won in the market price where the victim had been posted on the table of the table in the above restaurant; and (d) 300,000 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs photographs of stolen objects;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing under Articles 53 and 55(1)3(c) of the Criminal Code for discretionary mitigation is against the defendant, the degree of damage is not severe, and the circumstance of the crime and the crime of living is seen as the crime.