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(영문) 대구지방법원포항지원 2020.12.22 2020고단1424

특정범죄가중처벌등에관한법률위반(절도)등

Text

The punishment of the accused shall be determined by one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On December 3, 2010, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months with prison labor for night buildings, intrusion upon buildings, larceny, etc., and on February 12, 2013, the same court was sentenced to imprisonment with prison labor for larceny, etc. on March 25, 2014; on April 6, 2016, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on September 7, 2017, the Defendant was sentenced to imprisonment with prison labor for at least one year and six years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court through the Changwon District Court; on October 2, 2019, the Defendant completed the execution of the sentence after being sentenced to imprisonment with prison labor for the said violation; and on October 19, 2019>

【Criminal Facts】

On August 26, 2020, the Defendant: (a) went into a three-story room by taking advantage of the gap where surveillance by the victim C, etc., who is an employee of the above pention, was neglected for the purpose of theft of another person’s property; (b) went into a three-story room after going through the above pention emergency exit stairs; and (c) took advantage of the victim’s identity card, physical card, cash amounting to KRW 450,000 at the market price, including the victim C’s identification card, physical card, KRW 8,000, and KRW 35,000 at the market price owned by the victim D, and KRW 493,00 at the market price of KRW 493,00,00.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and theft was committed within the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A report on investigation (17 pages of investigation records);

1. Each photograph;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records, written judgments, and personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, concerning the crime committed, the crime committed by a specific crime selected as a specific crime, the crime committed