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(영문) 광주지방법원 2020.05.28 2020고단1098

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On October 1, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on March 1, 2014 and completed the execution of the sentence on October 19, 2019, by the same court on March 22, 2017.

【Criminal Facts】

1. Around 01:00 on December 9, 2019, the Defendant: (a) opened a door that was parked by the victim B, and opened a door that was parked by the victim B, and used a 6 head of Tong owned by the victim and one 500,000 won in sight of the market value.

Accordingly, even if the Defendant was sentenced to imprisonment not less than three times due to the theft of another person’s property, the Defendant again stolen another person’s property within three years after the execution of the sentence was completed.

2. The Defendant, at around 01:00 on February 1, 2020, stolen the victim E with a cash of KRW 18.5 million owned by the victim and a credit card, body card, etc., stored in the vehicle after opening a door-to-door G that was parked by the victim E and entering a parking lot located in Young-gu, Young-gu, Young-gu, 202.

Accordingly, even if the Defendant was sentenced to imprisonment not less than three times due to the theft of another person’s property, the Defendant again stolen another person’s property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A E-document;

1. On-site photographs of the case and photographs related to the case (CCTV caps);

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment of judgments of the same kind as a suspect), and application of Acts and subordinate statutes concerning the status of confinement of each individual;

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

1. Article 35 of the Criminal Act among repeated crimes, Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.