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(영문) 수원지방법원 2019.10.17 2019고단4238

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 27, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court, and on December 8, 2012, the same court sentenced six months to imprisonment with prison labor for night building intrusion larceny, etc. at the Suwon District Court on October 12, 2017 and completed the execution of the final sentence at the Suwon Detention House on November 5, 2018.

1. On June 20, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, etc., (i) around 00:0, Jun. 20, 2019, the Defendant: (ii) laid away from all other employees who completed the business and laid down in the entrance of the third vice head; (iii) laid down divers of a wooden saving depository, which was located in the front of the entrance of the third vice head; (iv) laid down divers, and 740,000 won of cash owned by the victim; (iv) even after having been sentenced to imprisonment more than three times with prison labor for larceny, the Defendant again stolen the victim’s property during the repeated period; (iv) on August 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, which did not take place in the office that was operated by the e-mail and did not take corrective measures against the victim’s property.

Thus, even though the defendant was sentenced to imprisonment more than three times due to larceny, he attempted to steal the victim's property again during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. Investigation reports (the attachment of photographs and photographs to the scene of larceny, night buildings, and attempted larceny), and investigation reports (the confirmation of actual victims);

1. A photograph of a CCTV closure;

1. Previous convictions as indicated in the judgment: Criminal records, investigation reports, and individuals;