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(영문) 인천지방법원 부천지원 2016.12.23 2016고합260

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

【Criminal Power】 On August 18, 2004, the Defendant was sentenced to a fine of five million won for larceny at the Jung-gu District Court of the Republic of Korea on November 9, 2004, sentenced to a punishment of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jung-gu District Court on November 9, 2004, and sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on July 27, 2007, and sentenced to eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jung-gu District Court on August 14, 2009, and was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on April 9, 201, and completed the execution of the sentence on August 18, 2016.

【범죄사실】 피고인은 2016. 9. 27. 05:00경 서울 강남구 C, 1층에 있는 피해자 D이 운영하는 음식점에 이르러 그곳 주차장에 있던 대리석 조각으로 유리창을 깬 후 깨진 유리 사이로 손을 집어넣어 간이금고를 열고 돈을 꺼내어 가려고 하였으나, 유리를 깰 때의 충격으로 음식점 옆에 있는 은행에서 경보가 울리는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

In addition, from around that time to November 3, 2016, the Defendant infringed on a structure by taking away or attempted to steals any property worth KRW 1.290,000,00 from around four times in total, including the windows, which were not damaged or corrected at night, such as the list of crimes in the attached Table.

As a result, the defendant was sentenced to punishment twice or more for larceny or attempted crime, and again intruded on a structure at night, or damaged part of a structure at night, and invaded on a structure at night, thereby cutting down or attempted crimes of victims.

Summary of Evidence

1. Partial statement of the defendant;

1.Each.