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(영문) 청주지방법원 충주지원 2021.02.10 2020고단497
특정범죄가중처벌등에관한법률위반(절도)
Text

The punishment of the accused shall be determined by one year and six months.

Reasons

Criminal facts

[2] On November 3, 2004, the Defendant was sentenced to one year and six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Changwon District Court on April 13, 2007; three years from imprisonment with prison labor for the same crime at the Changwon District Court on March 29, 2012; three years from imprisonment with prison labor for the same crime at the Changwon District Court on April 12, 2016; and on June 20, 2019, the execution of the sentence was terminated at the Jeonwon District Court on July 20, 202 after having been sentenced to one year and six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court’s Net Branch on June 20, 201.

[Criminal facts]

1. The Defendant, on July 26, 2020, intruded into the house through a window that was not corrected when the victim B (son, 66 years of age) was living in the voice group C on July 26, 2020, and committed a theft of KRW 80,000,000,000, which the victim had been kept in the house, by committing the crime against the victim B. Accordingly, the Defendant was sentenced to imprisonment not less than three times with prison labor, and was punished by larceny during the period of repeated crime as above.

2. On July 29, 2020, the Defendant: (a) intruded into the house through a vehicle that was not corrected at the time of the victim D (son, 61 years old); and (b) stolen one gold-half of the market price equivalent to KRW 700,000,00, in the body of the victim located in the inside of the house; (c) on the other hand, the Defendant was sentenced to imprisonment with prison labor for more than three times with prison labor for larceny; and (d) subsequently, during the period of repeated crime, the Defendant committed larceny.

Summary of Evidence

1. Each statement of the defendant in court;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (Attachment of the records of repeated crimes), and application of Acts and subordinate statutes to investigation reports (verification of the records of imprisonment with prison labor for the same kind of crime);

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

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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