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(영문) 전주지방법원 2020.11.25 2020고단1893
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On August 7, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. on September 15, 2017, and 1 year of imprisonment with prison labor for larceny, etc. on January 24, 2019, and completed the execution of the sentence in the previous prison on November 22, 2019.

【Criminal Facts】

At around 03:00 on March 18, 2020, the Defendant discovered that there was no correction of the Espopic halogen car of the victim D, parked in the front parking lot of the Geumcheon-gu Seoul Special Metropolitan City B apartment Cdong 6-7 D, and brought about KRW 600,000 in cash, which was owned by the victim D, within the house where the driver was opened and opened a door and was placed adjacent to the airbox, and subsequently, attempted to steals or steals the total market value of KRW 1,759,55,00 in the same way as the list of crimes in attached Form 111 times from that time until August 27, 2020.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he attempted to steal or steal the victims' property during the repeated crime period.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, I, J, K, L, M, N,O, and D;

1. Each internal investigation report, each investigation report, and each photograph of the police seizure records;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same records of a suspect), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

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

1. From among concurrent crimes, the methods, frequency, and amount of the reason for sentencing in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act are the same criminal records (three times of actual punishment, two times of suspended execution), and repeated crimes during the period of repeated crimes, and one victim and one victim were agreed.

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