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(영문) 춘천지방법원원주지원 2020.08.21 2020고단595

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On January 2, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Daegu District Court. On December 22, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Goyang Branch Branch of the Jung-gu District Court on December 22, 2016. On October 10, 2018, the Defendant was sentenced to one year and one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court Kimcheon Branch on

【Criminal Facts】

Around 15:00 on May 2, 2020, the Defendant opened a studio of a crime prevention window installed on the window in front of the residence of the victim B, who was in front of the house at Won-si apartment, and entered the room by using the cresh of his house, and thereby thefting the sum of KRW 570,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,000,000,000,000,00,00,00, Chinese, 1,000.

Accordingly, the defendant intrudes upon the victim's residence, was sentenced to imprisonment not less than three times with larceny, and was sentenced to larceny again within three years after the execution of the sentence is completed.

Summary of Evidence

1. The written statement and photo of the police written statement of the defendant D concerning the defendant's legal statement, the documents seized, the records of seizure of victims and the list of seizure;

1. Previous convictions in judgment: Criminal records, investigation reports, inquiry into confinement information, inquiry into case agreement assistance, and application of statutes governing judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the crime (the point of intrusion upon residence and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;