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(영문) 수원지방법원 2020.01.30 2019고단8114

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On January 25, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the branch court of Suwon District Court on January 25, 2012, and on June 4, 2012, the said suspended sentence became final and conclusive on June 7, 2012 by having been sentenced to six months of imprisonment for special larceny, etc., and the said suspended sentence became final and conclusive. On July 28, 2016, the Defendant was sentenced to two years of imprisonment for special larceny, etc., and on September 12, 2018, was sentenced to one year of imprisonment with prison labor for habitual larceny from the branch court of Suwon District Court to the branch court of Suwon District on September 30, 2019.

【Criminal Facts】 On August 23, 2019, the Defendant: (a) around 03:22 on August 23, 2019, the Defendant: (b) opened a driver’s seat with no low-priced car; (c) opened a container into a car; (d) opened a container with the victim’s cash owned by the victim E; and (d) cut off KRW 9.5 million.

In addition, from around that time to December 4, 2019, the Defendant stolen property, such as cash amounting to KRW 2.10,000,000, in total, 10 times, as indicated in the attached list of crimes.

As a result, the Defendant was sentenced to imprisonment with prison labor for more than tariff classification due to special larceny, and subsequently stolen the victims' property during the repeated crime period.

around 08:22 on December 4, 2019, the Defendant laid down KRW 350,000 in cash, the victim’s possession, which was kept in the safe using the gap in the victim’s location, from the “H” room working for the victim G located in the wife F in Chungcheongnam-si, G, G around 08:22, 201, and stolen it.

Accordingly, the defendant was sentenced to imprisonment more than three times due to special larceny, etc., and again stolen another's property during the repeated crime period.

Summary of Evidence

"2019 Highest 8277"

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each statement of J, K, E, L, M, N, andO.