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(영문) 대전지방법원 홍성지원 2020.03.03 2020고단51

특정범죄가중처벌등에관한법률위반(절도)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[criminal power] On November 22, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Changwon District Court Branch Branch of Msan Branch. On November 30, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seocheon Branch of the Gwangju District Court, and on November 30, 2018, the Ulsan District Court sentenced one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District Court on November 21, 2019 and completed the execution of the sentence at the port.

【Criminal Facts】

1. On January 9, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) opened a door that was not set up in the Cridge in Chungcheongnam-gun, Hongsung-gun, and intruded into the said church, and carried 13,000 won in cash owned by the victim D, who was in the process of his/her office book.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he intruded on a structure during the repeated crime period and stolen property.

2. On January 10, 2020, the Defendant: (a) on January 10, 2020, at around 00:20, the Defendant: (b) opened a Kapets owned by the victim F, the market value of which is approximately KRW 300,000,00 in the bottom of the floor to avoid drillings; (c) laid down the Kapets owned by the victim F, which are in excess of KRW 300,000 in the market value of the building on the floor; and (d) laid down by attaching the la

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. On-site photographs, theft sites, and CCTV images;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for Cumulative Offense (Crime of Destruction and Damage to Property)

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The types of recommendations according to the sentencing criteria;