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(영문) 수원지방법원 2020.01.30 2019고단8347
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny for one year, and on June 12, 2015, at the Chungcheong District Court's Chungcheong Branch, one year and four months from the imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny), and on January 13, 2016, two years from the imprisonment with prison labor for habitual larceny, etc., and on September 20, 2018 at the Seoul East District Court's Seoul East District Court's Jeju District Court's Jeju District Court's Jeju District Court's Jeju District Court's Jeju District Court's Jeju District Court's Jeju District Court's Jeju District Court's last sentence was terminated on October 26, 2019.

【Criminal Facts】

1. The Defendant committed the crime against the victim B at around 03:08 on December 3, 2019, when he came to a “D” restaurant operated by the victim in Suwon-si C, Suwon-si, which had been invaded inside the restaurant through a window not corrected by the above restaurant, and had 110,000 won in cash owned by the victim in the carter state.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, etc., he again intruded on the structure managed by the victim at night, and stolen the property of the victim.

2. On December 3, 2019, the Defendant committed the crime against the victim E at G cartoon rooms located in Suwon-si F on December 10:56, 2019, and stolen the victim’s wall 80,000 won in cash from the victim’s wall, using the gap in the location of the wall.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and again stolen the victim's property despite the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. Report on internal investigation (on-site inspection and CCTV verification), investigation report (on-site movement of a suspect after committing a crime), and investigation report (A confirmation);

1. On-site photographs, a CD;

1. Previous records: Inquiries, investigative reports (verification of repeated offenses by suspects), application of Acts and subordinate statutes to criminal investigation reports (Attachment to the judgment of the same kind of power, etc.);

1. Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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