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(영문) 춘천지방법원 영월지원 2018.04.06 2018고단34

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On August 27, 1997, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thth thief) by the Suwon District Court on October 24, 2001, and was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (th thief) at the Incheon District Court on November 6, 2003. On November 9, 2007, the Defendant was sentenced to two years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (th thief) at the Suwon District Court on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to three years of imprisonment with prison labor at the Suwon District Court on August 24, 201, and completed the execution of imprisonment with prison labor from the Seoul District Court on January 19, 2016.

[2] On October 16, 2017, at around 01:20, the Defendant: (a) opened a church in order to steals money and valuables within the church managed by the victim AF of the Gangseo-gun, Gangwon-do; and (b) attempted to open and enter a cryp of the cryp of the cryp that is locked by using the draber, which was possessed by the victim AF in order to steals money and valuables within the church; (c) but (d) failed to open the door and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with AF;

1. A report on internal investigation, field photographs, etc.;

1. A report on internal investigation (such as attaching site photographs), field photographs, etc.;

1. Investigation report (Attachment, etc. of CCTV images to the AG church);

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (verification of repeated crimes by law), and copy of judgment, such as criminal history;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment are favorable to the defendant's recognition of the crime of this case, and the defendant has not been aware of the fact that he had been punished several times for the same crime.