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(영문) 전주지방법원 2020.03.25 2019고합274

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 27, 1995, the Defendant was sentenced to a suspended sentence of three years for a special larceny, etc. at the Jeonju District Court; on April 17, 1996, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on September 28, 199, the same court was sentenced to ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on March 21, 2001, the Defendant was sentenced to one year and six months for a same crime at the same court; on February 7, 2003, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on March 22, 2005, the Defendant was sentenced to imprisonment for the same crime at the same court on June 25, 2009; and was habitually stolen at the same court on September 16, 2018>

At around 14:00 on October 17, 2019, the Defendant: (a) when the Victim C’s house located in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Province, was in possession of a locker using a cresh that the victim released from the outside, destroyed the locker by using dracker (30cm in length) and invaded into the house; (b) opened the locker and west; and (c) cut off cash amounting to KRW 19,00,000 and one fingerer’s seat amounting to KRW 200,000,000,000, from that time until November 16:09, 2019, the Defendant attempted to steal, or attempted to steal, property equivalent to KRW 1,998,500 on 111 times in total, as indicated in the attached crime list.

As a result, the Defendant was sentenced to punishment twice or more for larceny, and again attempted to steal or steal the victims' property again within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1.D, E, F, G.