beta
(영문) 춘천지방법원 강릉지원 2016.02.04 2015고단1352

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On May 16, 2008, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny and special robbery at the Seoul Seoul High Court on May 16, 2008; two years and six months; imprisonment with prison labor for the crime of larceny at the Gangnam Branch of the Chuncheon District Court on October 1, 201; imprisonment with prison labor for the crime of larceny; imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Branch on July 2, 2013; imprisonment with prison labor for the crime of larceny at the Gangnam Branch of the Chuncheon District Court on December 14, 201; and imprisonment with prison labor for the same kind of larceny on July 31, 2015; and imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Branch on July 2, 2013.

Before the operation of the victim D on November 26, 2015, the Defendant: (a) opened a cattop fat, a date D, etc. installed at around 01:00 on November 26, 2015; and (b) removed the cattop 25,600 won in total in cash owned by the victim and entered in the cattop fat; and (c) removed the cattop fat, etc. installed therein;

In other words, the victim's property was stolen.

On November 21, 2015, the Defendant: (a) provided the victim with both main points of “H” operated by the F Victim G (W, 54) at the early early 01:00 on November 21, 2015; and (b) provided both main points of “H” and “H” with the intent or ability to pay the amount. However, even if there was no intention or ability to pay the amount, the Defendant provided both main points of “W” (W, 54) and “W,” the Defendant provided both main points of “W, 15,000 won (F, 17.17.1)” and one of the entertainment receptions and entertainment receptions.

As a result, the Defendant received property, etc. equivalent to KRW 280,000 from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, I, and G;

1. Seizure records;

1. A criminal investigation report (in cases of dispatch to the scene, etc.), and site photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on criminal investigation (a criminal suspect's previous convictions and confirmation of criminal records), investigation report (the same species and previous convictions of repeated crimes);

1. Article 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes; the main text of Article 8 and Article 1(2) of the Criminal Act regarding criminal facts; Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 329 of the Criminal Act (the crime of larceny of repeated crimes) and Article 347 of the Criminal Act.