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(영문) 인천지방법원 2020.12.17 2020고단9905

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On December 22, 2011, the Seoul High Court sentenced the Defendant to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and two years of imprisonment with prison labor for larceny, etc. from the Busan District Court’s subsidiary branch on October 8, 2015. On October 11, 2018, the Gwangju District Court sentenced the Defendant to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Gwangju District Court on June 25, 2020.

【Criminal Facts】

[200 Highest 9905]

1. Around September 18:10, 2020, the Defendant, entering a building, entering a restaurant, and intrudes on a structure under the victim’s management, through an open door, which was not corrected in front of the “D” restaurant operated by the Incheon Reinforcement Group B.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) entered a restaurant operated by the victim at the time and place mentioned in the above paragraph (1) and carried 2.50,000 won in cash owned by the victim.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again stolen the victim's property during the repeated crime period.

"200 Highest 10540"

1. Around August 22, 2020, the Defendant committed the crime, at around 15:50 on August 22, 2020, stolen by using the gaps in which surveillance by the victim G was neglected in the “F” located in the Incheon Strengthening Military Ex, Incheon, the Defendant stolen it with approximately 200,000 won of the market price owned by the victim ( approximately 4.2kg).

2. Around September 13, 2020, the Defendant: (a) opened and intruded a tent door that was not corrected at the said place on September 13, 2020; and (b) stolen the said victim’s total market value with 400,000 won and 4.2kg, respectively.

3. Around September 15, 2020, the Defendant: (a) opened and intruded a tent door at the above place on September 15, 2020; (b) opened and intruded the tent door, which was not corrected; and (c) stolen the victim’s market price at approximately 400,000 won ( approximately 4.2 km) with two folds at the market price owned by the said victim.

Accordingly, the defendant is guilty.