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(영문) 대전지방법원 2018.10.26 2018고단3260

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment of Specific Crimes in the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support for the Support of the Support for the Support for the Support for the Support of the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support of the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support

[Criminal facts]

1. On March 31, 2018, at around 19:30, the Defendant opened and intruded into C University D ( male dormitory) located in Sejong Special Self-Governing City, Sejong Special Self-Governing City on the following occasions: (a) the victim E-owned market value of KRW 300,000,000; (b) the victim E-owned KRW 1,200,000,000,000,000 in the victim’s cash owned by the victim; (c) KRW 20,000,000 in cash owned by the victim; (d) KRW 40,000,000 in cash owned by the victim; (d) KRW 130,000 in cash owned by the victim; and (e) KRW 30,000,00 in cash owned by the victim J.

2. The Defendant continued to move approximately 500 meters away from the above D to K ( female dormitory) and intruded into the third floor through a window with no correction after a year of the crime prevention window, and stolen it by holding KRW 600,000 in cash owned by the victim L and KRW 110,000 in cash owned by the victim M.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A protocol of seizure and a list of seizure;

1. Each statement;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (prior convictions of suspects, repeated crimes and reports on the same kind of criminal records), personal confinement status, 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 and Article 330 of the Criminal Act concerning the crime;

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

1. Determination of the type of sentencing criteria: Larceny under the Specific Crimes Aggravated Punishment Act;