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(영문) 춘천지방법원 강릉지원 2019.05.31 2019고단422

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 1, 2015, the Defendant was sentenced to imprisonment with prison labor for the night building, intrusion upon structure, larceny, etc. at the Gangnam Branch of the Chuncheon District Court on April 1, 2015; imprisonment with prison labor for the crime of larceny, etc. at the same court on June 15, 2016; imprisonment with prison labor for the same court on May 16, 2018; on March 2, 2019, the Defendant completed the execution of the final sentence in the Ansan Prison.

【Criminal Facts】

1. On March 22, 2019, the Defendant committed the crime committed at around 22:50 on March 22, 2019, in front of the “D” restaurant of the victim C’s operation in Gangseo-si B, Gangnam-si, and was stolen by putting 13 mari, which is the total market value of the victim’s ownership, in a water tank that was not corrected, in front of the “D” restaurant of the victim’s operation.

2. On April 6, 2019, the Defendant, at around 15:20 on April 6, 2019, cut off the F parking lot located in Gangnam-si E without correction by the victim G and cut off cash of KRW 70,000 (one KRW 50,000 per note, one KRW 1,5,000 per note, one KRW 1,000 per note, five KRW 1,000 per note), which is owned by the victim, on the ground that the Defendant was temporarily parked without correction by the victim G.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

1. A written statement of C and G;

1. [Report on Investigation (Site Photographs) - On-the-spot photo], [Report on Investigation (the result of the verification of CCTV images around the crime prevention and attachment of photographs) - Related photographs], [Report on Investigation (on-the-spot verification and attachment of photographs) - On-the-spot photograph], [Report on Domestic History (Attachment of Scambling Images) - Scam images of

1. Previouss before and after judgments: Application of criminal records, replys (verification of criminal records of a suspect), application of Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 35 (1) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 53 of the Criminal Act for discretionary mitigation.