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(영문) 인천지방법원 2015.07.01 2015재고단29

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On August 6, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court. On August 14, 2010, the above judgment became final and conclusive on August 14, 2010. On March 8, 2011, the Incheon District Court sentenced six months of imprisonment with prison labor for night residence intrusion larceny at the Incheon District Court, and completed the execution on June 24, 2012.

1. Around 06:00 on August 20, 2013, the Defendant: (a) entered a “Ecafeteria” operated by the victim D in Nam-gu Incheon Metropolitan City, which was carried by the victim D; (b) entered a place of business by putting the kitchen sprink, sprinking it by hand, and then cut KRW 60,000 in cash owned by the victim, following the carcul, thereby cutting down KRW 60,000.

2. The Defendant, like paragraph 1. A. at the “H main point” operated by the Victim G in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, opened an unlocked main window and entered into a business establishment, and then stolen KRW 30,000 in cash owned by the victim.

3. On August 1, 2013, at around 06:30, the Defendant: (a) opened an unlocked display window and entered into a business establishment, and (b) stolen cash 20,000 won owned by the victim, following a camera.

4. On September 1, 2013, the Defendant: (a) around 06:00, the victim M in the Southern-gu Incheon Metropolitan City L, opened a 2-story window with the string of the building and entered the 2-story window with the string of the building; and (b) cut down the 150,000 won in cash owned by the victim following the stringer.

Accordingly, the defendant stolen money of 260,000 won in total habitually over four times.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, M, G and J;

1. Previous convictions: Criminal records, results of search by prisoners (A), and investigation reports (Attachment of written judgments of separate cases by suspects A);

1. Habituality of the judgment: The records of each crime, the frequency of crimes, and the frequency of crimes in the judgment;