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(영문) 인천지방법원 2020.02.04 2019고단8848

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On September 25, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny at the Incheon District Court on December 16, 2015, and was sentenced to 6 months of imprisonment with prison labor for larceny at the Suwon District Court on April 6, 2017; on September 19, 2018, the Incheon District Court sentenced 1 year of imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on May 12, 2019, and completed the execution of the sentence at the Seocheon Prison.

【Criminal Facts】

On May 13, 2019, the Defendant: (a) around 03:00 on the lower order of 03:00, the Defendant: (b) opened a tent installed at “D” store for the operation of the victim C in the Seo-gu Incheon Western City, Seo-gu, Incheon; (c) opened the door inside the door by hand; (d) opened the cash 6,000 won owned by the victim, and stolen the victim’s property at a total of six times from that time until November 13, 2019, respectively, by the following method:

around 02:40 on May 17, 2019, the Defendant: (a) laid down a tent installed by the entrance from the restaurant of “G” operated by the victim F in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon; (b) intruded the door inside, and stolen the cash owned by the victim in cash burg, with KRW 40,00.

Accordingly, the defendant invadedd a structure at night and stolen the property.

Summary of Evidence

"2019 Highest 8848"

1. Defendant's legal statement;

1. Each written statement of H, I, J, and C;

1. Domestic investigation reports and investigation reports "2019 Highest 9536";

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to reports on internal investigation, criminal records, investigation reports [pre-trial records], criminal investigation reports (recognating repeated crimes, filing of judgment and confirmation at the expiration of the term of punishment]; and current status

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.