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(영문) 인천지방법원 2018.01.11 2017고단7585

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

The Defendant pays 4,180,000 won to the applicant for the theft damage. The foregoing shall apply to the applicant.

Reasons

Punishment of the crime

[criminal history] On April 19, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment of Specific Crimes (thief) at the Suwon Franchi, and completed the execution of the sentence on December 17, 2014.

[Criminal facts]

1. On May 29, 2017, the Defendant committed the crime with D around May 29, 2017, and around 02:35, around May 29, 2017, the “F” operated by the victim C in the Southern-gu Incheon Metropolitan City E. The Defendant reported the network, and D, as a result, opened a pipe of the entrance, entered a pipe of the entrance, and carried out approximately 100,000 pieces of tobacco and cash worth KRW 4.5 million at the market price of the victim located in the relevant location, and carried out in G TRa XG vehicles.

The Defendant, together with D, stolen another’s property.

2. On June 5, 2017, the Defendant, along with D around 00:10 on June 5, 2017, used the crepan in the “J” factory run by the victim I in Dong-gu Incheon Metropolitan City, and used the crepan in which there is no victim, thereby reporting the network by the Defendant; D, by cutting off the boom door door and destroying it, intruded into it, and then intruded into it with approximately KRW 80,000 of tobacco amounting to KRW 3960,00,000 in cash, and KRW 100,000 in cash, which is the market price of the victim.

The Defendant, together with D, stolen another’s property.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police against D;

1. A written statement I and C;

1. Investigation report (case of suspect moving wire), investigation report (CCTV verification and tracking investigation of the same line);

1. On-site photographs of crimes and CCTV image data;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report on confirmation of the expiration of the term of punishment of the person under investigation);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Matters concerning the promotion, etc. of a compensation order and a provisional execution sentence;