beta
(영문) 대전지방법원 2020.01.09 2019고단3405

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On June 24, 2005, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court on May 16, 2008, and three years of imprisonment with prison labor for the same crime in the same court on May 9, 2014, and completed the execution of the said punishment on August 9, 2017.

【Criminal Facts】

1. 피고인은 2018. 1. 2. 06:40경 대전 중구 B, 2층에 있는 피해자 C의 주거지에 이르러 시정되어 있지 않던 출입문을 열고 거실로 침입하여 그곳 거실 책상 서랍 안에 있던 피해자 소유의 시가 13만 원 상당의 외장하드 1개, 외장하드 케이스 1개, 변환 어댑터 1개를 가지고 가 절취하였다.

2. On June 3, 2018, the Defendant: (a) around 15:20, at the Jung-gu Daejeon-gu, Daejeon-gu, Daejeon-gu; and (b) at the third floor of the stadium, the facts charged in the Defendant’s possession of the victim’s wife E, which the victim D left his/her place in the middle floor, are “the victim’s possession”; (c) according to evidence, the Defendant was owned by the victim’s wife E, and there is no substantial impediment to the Defendant’s exercise of the right to defense. Therefore, the Defendant

The market price was 1.310,000,000 won in total, with a single Hand bag containing S7 mobile phones in Samsung Tallon, and 1.60,000 won in cash, which was stolen.

3. On August 11, 2018, at around 14:30, the Defendant: (a) committed a theft with a cM in the middle-gu Daejeon, Daejeon; (b) 373 at the 3rd floor of the stadium for “Yed field sports center”, the Defendant: (c) at the 3rd floor of the stadium for “Yed field sports center; and (d) one cocopi in the total market value of the victim F, which includes USD 762,00,000, the total market value of the victim F, one polysglass check; and (d) one KRW 10,000,000, U.S. dollars check; and (e) one cM in the market value of G owned by the victim, which includes the victim’s 3,025,000,000 won and six mobile phones.

Accordingly, the defendant is sentenced to imprisonment not less than three times due to larceny.