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(영문) 춘천지방법원 속초지원 2019.03.13 2019고단13

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

The seized 500 won per annum (No. 1) shall be returned to the victim B.

Reasons

Punishment of the crime

[criminal power] On November 25, 2015, the Defendant was sentenced to a suspended sentence of ten months in prison due to night intrusion upon residence, larceny, etc. at a junior branch of the Chuncheon District Court, and the judgment became final and conclusive on December 3, 2015, but the suspended sentence was revoked on May 24, 2016. On September 1, 2016, the Gwangju District Court sentenced four months of imprisonment with prison labor for night-time intrusion upon building, larceny, etc. at the Chuncheon District Court’s territorial branch on April 25, 2018, and completed the execution of the sentence in the Gangseo-gu Prison Prison on December 12, 2018.

【Criminal Facts】

1. On December 27, 2018, the Defendant: (a) entered the D sales store operated by the victim B in Sincho-si (C) on December 27, 2018; (b) entered a cre in front of the said store before commencing the business into another shop; and (c) stolen the 50,800 won of cash, which is the victim’s possession, from the money box located on the board.

2. On January 1, 2019, around 04:32, the Defendant: (a) opened a door at the G principal meeting managed by the Victim F of the Victim F in Sincho-si E; and (b) intruded into the entrance, the Defendant stolen it with one set of a 100,000 won at the entrance left side of the entrance of the entrance, which included a cash amounting to KRW 600,000,000 in total.

Accordingly, even if the defendant was sentenced to imprisonment not less than three times due to the theft of another person's property, he again stolen another person's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning F;

1. Each statement of H and B;

1. Photographss related to theft, related photographs, 112 reported case processing slips, and photographs by capturing CCTV images;

1. Seizure records;

1. Previous convictions indicated in judgment: Criminal records, etc. inquiry reports (A), investigation reports (verification of the fact that the period of repeated crimes A is in progress), investigation reports (Attachment to judgments, etc. of the same kind as a suspect), investigation reports (where the name of the crime and applicable provisions of Acts and subordinate statutes are changed), and

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.