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(영문) 창원지방법원 통영지원 2019.10.29 2019고단679

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of four million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A on May 10, 2001, in the Daegu District Court, one year of imprisonment with prison labor for larceny, etc.; two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Changwon District Court on December 18, 2002; two years of imprisonment with prison labor for the same crime at the Jeju District Court on January 27, 2005; and three years and six months of imprisonment with prison labor for the same crime at the Busan District Court on August 25, 2009; on July 7, 2016, the same court sentenced one year of imprisonment with prison labor for a violation of the Act on the Aggravated Control, etc. of Narcotics; on May 28, 2017, the execution of the sentence was terminated; and on June 7, 2018, a person who was sentenced to one year of imprisonment with prison labor at the Changwon District Court for larceny, etc. and completed the execution of the sentence on August 22, 2018.

Defendant A, at around 09:33, May 14, 2019, 201, the Defendant attempted to steals goods or stolen goods by intrusion upon the victim’s residence seven times in total from around 12, 2019 to around 10:21, the Defendant attempted to steal goods and attempted to steal goods from the victim’s house through the window opened to the victim’s house with an intention to steals money and goods from the victim’s house. The Defendant attempted to commit an attempted crime without being able to commit an attempted crime, since it was not discovered that the victim’s house was stolen, by intrusioning the victim’s house from around 09:3 to 10:21.

Accordingly, the defendant intrudes upon the victims' residence, was sentenced to imprisonment at least three times due to larceny, etc., and again committed the crime of larceny and larceny during the period of repeated crime.

Defendant

B The Defendant is a person who operates a bank with the trade name “H” from J in J in Jinju.

At around 16:10 on May 14, 2019, the Defendant purchased precious metals with a total of 8 points, such as gold tampers, mountain tampers, etc., which were stolen from A, with the same 2:3 times per annum of crime sight table of paragraph (1) above.

In such cases, the details of acquisition and the motive of sale of precious metals shall be the person engaged in sales of precious metals.