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(영문) 대전지방법원 2019.07.10 2019고단1847
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[criminal power] On November 25, 2011, the Defendant was sentenced to two years from imprisonment with prison labor for night building intrusion, larceny, etc., and two years from imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the Cheongju District Court’s Net Branch on June 10, 201. On September 9, 2016, the Defendant was sentenced to two years from imprisonment with prison labor for habitual larceny in leisure branch of the Suwon District Court, and completed the execution of the said final sentence in a wooden prison on May 14, 2018.

【Criminal Facts】

At around 04:10 on May 20, 2019, the Defendant: (a) at the D pharmacy in the operation of the Victim C located in Daejeon-gu, Daejeon-gu, the Defendant: (b) destroyed the entrance locking device by cutting off the entrance door door knife with hand, and then then invaded inside the said pharmacy, and caused a theft of KRW 874,000 in cash owned by the victim, which was in custody in the West.

Accordingly, the defendant stolen the victim's property by destroying the door at night and impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim C;

1. Police seizure records;

1. On-site photographs;

1. Previous convictions in judgment: Application of criminal records and investigation reports (the current status of personal confinement and personal confinement status);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant has been sentenced to the same punishment for a crime as stated in its reasoning, and the criminal liability for each of the crimes of this case is grave since the execution of the sentence has not yet been completed, considering the circumstances unfavorable to him/her, such as the fact that the defendant is led to confession, and the amount of damage is relatively small, the amount of damage has been returned, and the fact that the amount of damage has been returned, and the health has not been good, the age, character, environment, motive for the crime is considered as favorable.

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