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(영문) 수원지방법원 안양지원 2018.04.17 2018고단355

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On July 19, 201, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court, and on July 8, 2010, the suspended sentence was revoked on March 24, 201 after the judgment became final and conclusive. On August 3, 201, the Defendant was sentenced to imprisonment with prison labor for eight months for a crime of intrusion upon residence at night, theft, etc. on April 10, 201, and one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On November 19, 2015, the execution of the said sentence was terminated on December 19, 2016.

[Criminal facts]

1. On February 16, 2018, the Defendant invadedd a structure into a restaurant with the “E” restaurant operated by the victim D during Ansan-si around 10:54, and caused the damage to the structure under the management of the victim by entering the restaurant through the main window, which was opened in the mind of theft of the property.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

A. The Defendant stolen the victim D’s cash amounting to KRW 100,000,000, which was kept in a large simple credit cooperative, at the same time and place as paragraph (1).

B. On February 18, 2018, at night, the Defendant attempted to larceny cash receipts and disbursements of money in the carter by opening an unlocked back door of the said restaurant and impairing the said restaurant, but the Defendant did not commit an attempted escape, even though the payment period for the money transfer was at night and the security warning was at the wind. In short, the Defendant failed to commit an attempted escape.

(c)

At night, on February 19, 2018, the Defendant: (a) opened a main window not locked at the same place as paragraph (1) around 05:12, 2018; and (b) invaded inside the restaurant and stolen the cash owned by the victim D, which was kept in a simplified safe, with cash of KRW 52,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Previous conviction: The main text of inquiry about criminal history and output of personal accommodation.