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(영문) 대전지방법원 공주지원 2020.03.20 2019고단500

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On December 1, 2011, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on March 20, 2015, and was sentenced to two years and six months of imprisonment with prison labor for the same crime in the Chungcheong District Court on March 20, 2015, and completed the execution of the said punishment on March 29, 2019, by being sentenced to one year and two months of imprisonment with prison labor at the Chungcheong District Court on August 9, 2018.

【Criminal Facts】

around 09:00 on November 23, 2019, the Defendant: (a) opened the clothes 325 held by the victim D using the dracker, which was in his/her own possession, and stolen the sum of KRW 110,000,00,000, including Chapter 2, Chapter 1,000, and Chapter 1,000,00,000,00,000, which were contained in the victim’s wall in his/her custody.

Accordingly, the defendant committed the same crime during the period of repeated crime even though he was sentenced to imprisonment not less than three times due to larceny.

around 06:10 on October 26, 2019, the Defendant: (a) opened a 101 set of things in custody of the Victim G by using the “F” or a male escape room located in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu; and (b) cut off cash worth of KRW 70,000,000,000, which is the victim’s possession in custody.

Accordingly, the defendant committed the same crime during the period of repeated crime even though he was sentenced to imprisonment not less than three times due to larceny.

Summary of Evidence

"2019 Highest 500"

1. Defendant's legal statement;

1. A written statement of the victim;

1. On-site photographs and screen CCTV photographs;

1. Investigative report (Sarina floor, clothes of a sloping room, explanation of photographs), sababa and saves of first floor and clothes of a saves room, and explanation of 2020 high-class 24);

1. Defendant's legal statement;

1. A written statement of the victim;

1. Reports on internal investigation and investigation reports (specific suspects' identity);

1. To reply to criminal records, investigation reports (the fact during the repeated period and the report on the confirmation of the same kind of records), and to each individual;