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(영문) 대전지방법원 2019.01.17 2018고단3987

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[2018 Godan3987] On August 8, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court’s Busan District Court’s Branch on August 8, 2012. On June 12, 2014, the same court was sentenced to two years of imprisonment for the same crime. On April 26, 2017, the Daejeon District Court was sentenced to one year and six months of imprisonment for the same crime, and the execution of the said final sentence was completed on August 13, 2018.

【Criminal Facts】

1. On October 29, 2018, the Defendant cut off the victim’s 1,00,000 KRW 7 smartphone 1,00, cash 10,000, and 150,000, the market price of the c terminal D 3 stories located in Daejeon Dong-gu, Daejeon, Daejeon, by setting up the victim’s E cart and taking advantage of the gaps in which surveillance was neglected due to negligence, the Defendant d 18:28, 201.

2. On October 29, 2018, the Defendant, at the C TerminalF store as indicated in paragraph (1) around 19:31 on October 29, 2018, stolen the victim’s G 10,000 won in cash, which is the victim’s possession on his/her table, and 470,000 won in the market price bearing three physical cards, by gathering them on his/her hand.

3. On November 04, 2018, the Defendant: (a) laid down a C Terminal D 3 floor, namely, tin-to-face c, installed a cart with the victim H located in a cart and used a gap in which surveillance was neglected; (b) cut off with three hand bags equivalent to KRW 30,000 at the market price of the victim’s possession; and (c) with three cosmetics equivalent to KRW 100,000 at the market price of KRW 10,000,000 at the market price.

4. Accordingly, even if the Defendant was sentenced to imprisonment more than three times due to the larceny, he again committed the larceny during the period of repeated crime.

[2018 Godan4385] [criminal power] Defendant was sentenced to imprisonment on August 8, 2012 with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Incheon District Court’s Branch Branch on August 8, 2012, and on June 12, 2014.