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(영문) 창원지방법원 2019.05.22 2019고단776
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 12, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Changwon District Court on one year and six months, and on January 28, 2016, the sentence of the suspended sentence became effective upon being sentenced to six months of imprisonment for special larceny, etc. at the Changwon District Court on February 28, 2016, which became final and conclusive on February 2, 2016. On April 1, 2017, the execution of the said sentence was completed at the Jinwon Prison. On November 24, 2017, the Changwon District Court sentenced ten months of imprisonment with prison labor for larceny, etc. at the Busan District Court on July 29, 2018.

【Criminal Facts】

(Larceny of Cumulative Crime)

1. On March 1, 2019, at around 04:29, the Defendant: (a) invaded into “D” restaurant operated by the victim C in Kimhae-si B; and (b) went out to take approximately KRW 77,000 in cash, which is owned by the victim, from the calculations and cash receipts and disbursements machines, after having intruded into the “D” restaurant operated by the victim C, which was not corrected.

2. On March 4, 2019, at around 04:50 on March 4, 2019, the Defendant came to a restaurant operated by the Victim F in Kimhae-si, Kim Jong-si, and then destroyed the locking device and intruded into the locking device so far as possible, the Defendant left approximately 34,000 won in cash, which is the victim’s possession, from the cash machine located in the settlement unit.

3. On March 5, 2019, at around 02:35, the Defendant: (a) invaded into the “J” restaurant operated by the victim I located in Kimhae-si Kim Jong-si; (b) went out of the air conditioners and calculated air conditioners, and (c) took out KRW 10,000 of the market price of the victim’s ownership at KRW 40,00,000, in cash, from the air conditioners and calculated air conditioners.

4. On March 1, 2019, around 05:30, the Defendant came to a restaurant operated by the Victim K in Kimhae-si, Kim Jong-si, and went to take 8,000 won in cash, which is owned by the victim, from the cash receipts and disbursements machine located in the accounting unit, after intrusion into the “L” restaurant operated by the victim K, which was not corrected.

5. The Defendant operates the Victim N in G on March 8, 2019, around 04:38, around 2019.

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