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(영문) 대전지방법원 2017.09.28 2017고합273

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On August 23, 2007, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on August 21, 2009, by the above court, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on May 13, 201, by the Seoul Northern District Court, for three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On November 14, 2014, the Defendant was sentenced to imprisonment with prison labor for three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court, and completed the execution of the said punishment on July 20, 2017.

On August 10, 2017, at around 00:41, the Defendant came to a E cafeteria operated by the victim D in Seo-gu Daejeon, Seo-gu, Daejeon. On the other hand, the Defendant: (a) went out of his business after completing his business and opened a window outside the above cafeteria and intruded with the window; (b) tried to steal cash owned by the victim at the Kacter’s treasury; (c) however, the Defendant did not go to the wind of the security company’s staff F, who was called out by the security company due to the sound of the safety emergency level, but did not go to the attempted crime.

As a result, the Defendant was sentenced two or more times to a crime of larceny (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed the attempted larceny of night structures within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A report on investigation;

1. Relevant photographs;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, each investigation report (A), and each criminal investigation report (report attached to personal reference reports, confirmation of criminal suspect's records of the same kind); and judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (the execution of punishment on July 20, 2017) is completed.