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(영문) 수원지방법원 2020.08.13 2020고단4320

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On September 9, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on June 14, 2018, sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on September 5, 2019, sentenced to 1 year of imprisonment with prison labor for larceny, etc. at the Suwon District Court on September 5, 2019, and completed the execution by the Suwon Vocational Training Correctional Institution on May 24, 2020.

【Criminal Facts of Crimes】 On June 15, 2020, the Defendant intruded into the “Dnobide” operated by the Victim C in Suwon-si, Suwon-si, and on June 15, 2020, the Defendant collected KRW 1.20,000 in cash from the E-owned wall where the victim E and F sent singing at one room and became inside one room by means of the gap between the rests in the toilet at one time, and stolen the property equivalent to KRW 50,000 in total at the market price owned by the victims.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, was invaded on a structure at night during the period of repeated crime and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1.F and E’s report on internal history (on the spot and ctv verification), -CCTV image images images, etc.;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports (A), - case summary agreement aid meetings, judgment, application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. While the crime of this case among concurrent crimes, the defendant steals two victims, the applicable provisions of the indictment are omitted in Articles 37 and 38 of the Criminal Act relating to concurrent crimes;

However, even if the defendant recognizes the above crimes, there is no disadvantage to the defendant even if the above applicable provisions are supplemented ex officio.