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(영문) 의정부지방법원 2020.12.09 2020고단4933

특정범죄가중처벌등에관한법률위반(절도)

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The defendant shall be exempted from punishment.

Reasons

On November 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for larceny, etc. on July 19, 2018, and was sentenced to eight months of imprisonment with prison labor at the Daegu District Court on July 19, 2018 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On June 5, 2019, the same court sentenced one year of imprisonment with prison labor for the same crime and completed the execution on February 20, 2020. On August 11, 2020, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). The

Punishment of the crime

On April 24, 2020, the Defendant, in Busan City, in C, and in B, entered the law school, followed the kitchen, counseling room, etc. of the law school, and put 100,000 won in cash, which is placed next to the law school, by using the gap in the victim D. < Amended by Presidential Decree No. 2210, Apr. 24, 2020>

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and again stolen the victim's property during the repeated crime period.

Summary of Evidence

1. Report on the occurrence of theft cases in the statement of D, report on investigation (Attachment of photographs of the suspected victim), investigation report (related to the confirmation of CCTV at the site and attachment of crimes), investigation report (related to the field identification results and attachment of on-site photographs), investigation report (subject to inquiry of personal information of the DNA), investigation report (subject to inquiry of personal information of a convict DNA), and investigation report (related to the suspect taken from CCTV at the site and the suspect of a flood court branch);

1. A CD (on-site CCTV images);

1. Previous convictions: Criminal history records, inquiry report (A), investigation report (the defendant's imprisonment with prison labor, etc. for larceny at least three times) (the defendant denies the crime, but the circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the appearance of the offender confirmed by CCTV at the scene of the crime and the appearance of the defendant, and the defendant's finding of DNA at the scene of the crime of this case, are clearly recognized in full view of the following facts: the defendant's detection of DNA at the scene of the crime of this case, against the fact that there is no enemy visiting the scene of the crime of this case.