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(영문) 인천지방법원 2019.06.26 2019고단3414
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 20, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment for larceny in the Daegu District Court Kimcheon Branch of the Daegu District Court for the purpose of larceny. On June 27, 2014, the Defendant was sentenced to three years of imprisonment with prison labor in the Seoul East District Court for larceny, etc. on October 3, 2014, which became final and conclusive on October 22, 2014, and the sentence of the said suspension of execution was terminated on October 22, 2017. On December 6, 2018, the Defendant was sentenced to six months of imprisonment with prison labor in the Incheon District Court for larceny and completed the execution of the said sentence in the Ansan Prison on April 10, 2019.

【Criminal Facts】

1. On May 5, 2019, at around 22:48, the Defendant committed the crime against the victim B, the Defendant stolen 230,000 won in cash by taking out 230,000 won in cash after a year from the “DPC bank” in the operation of the victim B located in Nam-gu Incheon Metropolitan City, Nam-gu.

2. On May 15, 2019, the Defendant committed a crime against the victim E: (a) committed a theft of KRW 570,000 in cash by taking out KRW 570,000 in cash after a year from the “GPC room” in the “GPC room” in the operation of the victim E in Michuhol-gu Incheon, Michuhol-gu, Incheon, by taking advantage of the gaps where the surveillance of H, an employee, was neglected.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen another's property during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. 112. List of reported cases;

1. Reporting on criminal investigations ( current status of custody and attachment of judgment), and application of statutes concerning criminal records;

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 committed;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and method thereof, and circumstances after the commission of the crime.

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