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(영문) 대전지방법원 논산지원 2019.07.02 2019고단226

특정범죄가중처벌등에관한법률위반(절도)등

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A person shall be punished by imprisonment with prison labor for not less than two years against the second crime in which he judges the defendant.

Of the facts charged in this case, the first crime is against the judgment.

Reasons

Punishment of the crime

[criminal power] On April 24, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court for six months. On January 15, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence at the Daegu Prison on November 9, 2015. On April 28, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny in its deputy branch court of the Daegu District Court, and the execution of the sentence was terminated at the Daegu Prison on January 4, 2018. On August 8, 2018, the Defendant was sentenced to one year of imprisonment with prison labor from its deputy branch court of the Daegu District Court for larceny, etc. and the judgment became final and conclusive on March 8, 2019 and was permanently stationed in the prison on March 19, 2019.

【Criminal Facts】

1. A thief: (a) around 09:00 on March 6, 2017, the Defendant opened a stief in the victim C’s house located in Chungcheongnam-gun, Chungcheongnam-do; and (b) stolen the property in the aggregate of KRW 7.50,00,000 with a 100,000,000,000 for the victim’s own cash located in the room and with a 6.50,000 won for the market value.

2. On March 26, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes Act (thief) opened a gate that was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and opened a gate that did not lock the house of the victim E located in Chungcheongnam-gun, Chungcheongnam-gun, and opened one 110,000 won, which was located on the part of the victim’s owner located in the front line inside and outside of the bank. From that time to May 20, 2019, the Defendant attempted to steal property of the total market value of KRW 10,837,000, and attempted to steal property owned by the victim from May 20, 2019 as indicated in the Aggravated Punishment, etc. of Specific Crimes list.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. All on-site photographs, CCTV photographs, and damaged photographs;

1. Previouss before judgment: Criminal history records;