beta
(영문) 수원지방법원 안산지원 2019.02.14 2018고단4285

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on April 3, 2015. On February 16, 2017, the Seoul Western District Court sentenced the Defendant to imprisonment with prison labor for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, and completed the execution of the sentence on June 1, 2018.

【Criminal Facts】

1. The Defendant discovered that, around 03:20 on August 16, 2018, the victim C was parked at the front side of the Yancheon-gu, Ansan-si, Ansan-si, and found that Dropis vehicles owned by the victim C were not corrected, and that, while opening the driver’s seat of the vehicle and opening it into the vehicle, the Defendant was dismissed, and that the Defendant was not aware of the fact.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he attempted to steals property owned by others during the period of repeated crime.

"2018 Highest 4508"

2. On August 16, 2018, around 20:07, the Defendant entered the gap in which the supervision of the victim G, a convenience store operator, was neglected within the F convenience store located in Ansan-si E, Ansan-si, and entered one Myeonday and one Myeonday at the market price equivalent to KRW 26,000 in the market price owned by the victim, and one mama at the end of 3,800 in the market price.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he stolen the property owned by others during the period of repeated crime.

Summary of Evidence

[2018 Highest 4285]

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Previous convictions in judgment: A response to inquiries, such as criminal records, investigation report (verification of suspect's repeated records) (2018 Highest 4508);

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the G production;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 329 and 35 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Criminal Act.