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(영문) 수원지방법원 2017.08.11 2017고단4089
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 27, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc., and two years of suspended execution, which became final and conclusive on September 4, 2012, and the suspended sentence was revoked on June 19, 2013 on the grounds of a violation of the matters to be observed and observed in the protection and observation. On June 25, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the same court on June 25, 2013, and on October 12, 2015, the execution of the sentence was terminated in the relevant prison on November 27, 2016 after having been sentenced to one year and three months of imprisonment with prison labor for special larceny, etc.

[Criminal facts]

1. On June 3, 2017, at around 04:20, the Defendant: (a) went to a D cafeteria operated by the victim C at Osan-si; (b) sealed the entrance by hand and intruded into the D cafeteria; and (c) cut off the cash receipt column containing KRW 100,000,000, which is the victim’s possession in the safe.

2. On June 6, 2017, at around 05:00, the Defendant: (a) removed a shock network installed in the toilet window in his/her hand on his/her part; (b) destroyed it; and (c) went back with a safe holding of KRW 130,000 in cash, which was owned by the victim, and went into his/her place, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C preparation;

1. Investigation report (verification of time during which each criminal suspect committed each crime), and internal investigation report (on-site CCTV verification);

1. On-site CCTV photographs;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, investigation report (the fact of repeated crime of a suspect), investigation report (the confirmation of a criminal suspect's previous convictions and report on the necessity of change of the name of the crime), five copies of the judgment, and Acts and subordinate statutes as

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 330 of the Criminal Act (a thief for intrusion at night), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act (a thief for intrusion upon a structure at night after damage) concerning the crime;

1. Aggravation of repeated crimes;

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