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(영문) 창원지방법원 진주지원 2019.06.20 2019고단17

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On July 28, 2006, the Daejeon High Court sentenced the Defendant to two years and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and sentenced to eight years and six months of imprisonment for larceny, etc. from the Chungcheong District Court on September 29, 2009. On December 22, 2011, the Busan District Court sentenced the Defendant to four months of imprisonment for a crime of robbery and injury by robbery, and on February 14, 2014, the judgment became final and conclusive on September 28, 2018 after having been sentenced to three years and six months of imprisonment with prison labor from the Busan District Court on February 14, 2014 and completed the execution of the sentence in the Seosung Prison Prison District Court on more than three occasions, and on September 14, 2018, the Defendant was sentenced to two years and six years of imprisonment with prison labor from the Busan District Court on September 14, 2018.

【Criminal Facts】

1. On April 21, 2018, the Defendant committed the crime against the victim B, at around 19:52, 201, committed the “D” in the operation of the Victim B located in Sungnam-si, Sungnam-si, by putting the corrected front door in hand and opening a door several times, and cutting down KRW 150,000 in cash owned by the victim and KRW 40,000 in cash in the book book room.

2. The Defendant, as stated in paragraph (1) of the same day, intruded into “F” of the operation of the Victim E by using the connecting passage of the victim E, thereby cutting down KRW 100,000 in cash and KRW 50,000 in cash located in the clothes of the head room.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., stolen the total amount of 340,000 won in cash of the victims within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. Cut photographs of CCTV images at the site of the case;

1. A gene appraisal report and results of inquiries into DNA personal information of detained suspects;

1. Investigative reports (to hear statements from victims);

1. Before judgment: References to criminal records and criminal investigation reports (Evidence Nos. 52, 53) shall apply to statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes