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(영문) 대구지방법원 경주지원 2019.05.29 2019고단115
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] The Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Ulsan District Court on February 28, 2001; on January 9, 2008, with prison labor for 8 months and 2 years of suspension of execution for the same crime; on April 24, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 months in the Ulsan District Court on April 24, 2009; on October 5, 2010, the Daegu District Court sentenced 1 year and 6 months of imprisonment with prison labor for 1 year and 6 months in the same court on June 28, 2012; on August 31, 2016, the Changwon District Court sentenced 6 months to imprisonment with prison labor for special larceny and completed the execution of the said punishment from the Daegu Prison District Court on February 27, 2017.

【2019 Highest 115】

1. From around 01:00 on January 15, 2019 to 02:00 on the same day, the Defendant: (a) opened and intruded the “D” restaurant for the victim’s operation in Yongcheon-si; (b) used cash 1050,000 won in cash owned by the victim; and (c) used cash 150,000 won in cash in the cash amount in the cash amount owned by the victim at the same time; and (d) stolen the property amounting to KRW 3530,000 in total on five occasions, as indicated in the list of crimes, from March 1, 2019 to KRW 02:0.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times for the larceny crime, he/she committed the larceny crime within the period of repeated crime.

2. Intrusion into a structure;

A. On February 5, 2019, at around 12:13, the Defendant intruded into a studio with the entrance to cut off property from a plastic greenhouse farming shed for the operation of the victim FF in Si-si on the racing, and using the cresh without the victim to cut off property.

나. 피고인은 2019. 2. 22. 07:00경부터 같은 날 10:00경까지 사이에 울산 울주군 G에 있는 피해자 H 운영의 깻잎 재배 비닐하우스 농막에서, 피해자가 없는 틈을 이용하여 출입문으로 그곳 휴게실에 침입하였다.

In this respect.

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