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(영문) 수원지방법원 2019.05.09 2019고단938

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 9, 200, the Defendant was sentenced by the Seoul High Court for a maximum of four years and three years and six months in prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On February 8, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 22, 2010, the Defendant was sentenced to four years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 10, 2015, the Defendant completed the execution of the sentence by the original prison on January 7, 2019.

On February 2, 2019, at around 05:56, the Defendant: (a) 2, 05:56, when the Defendant came to “D gold bank operated by the Victim C in Suwon-si B”, the Defendant intruded the outside glass window before the opening of the bank with the stones attached in front of the opening of the bank, and breaking it with the string string string straw stones at hand, and affixed the display string string 20,00 won in total at 14 market prices.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, destroyed a part of the structure at night during the period of repeated crime, and intruded on the structure, thereby thefting the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation reports (verification of market price of damaged goods);

1. CCTV images and photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (the theft and report of a suspect), and application of each statute of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 330 of the Criminal Act concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The basic area of larceny under the Specific Crimes Aggravated Punishment Act (type 1) and the basic area of habitual larceny (type 1 to 3 years of imprisonment) (type 1 to 1 years of imprisonment). There is no special person who has been sentenced to imprisonment for a period of two to 3 years.