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(영문) 의정부지방법원 2017.02.08 2016고단4876
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[2] On August 28, 2008, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on the Aggravated Punishment, etc. of Specific Crimes; on June 7, 2012, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on the Aggravated Punishment, etc. of Specific Crimes; on July 15, 2015, the Defendant was sentenced to one year and six months of imprisonment for a crime of habitual special larceny at the Jung-gu District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence at the

[Criminal facts]

1. On October 21, 2016, the Defendant attempted to larceny a structure at night and into a cafeteria operated by the victim D (E) of the victim D (hereinafter “E”) at the Government-Si around 02:30 on October 21, 2016, and intrudes into the said cafeteria through the back of the cafeteria, and subsequently, attempted to cut cash in the cafeteria by opening a depository located on the main part of the cafeteria (20 centimeters in length), but did not carry out such intent on the wind without cash kept.

2. On October 21, 2016, at night, the Defendant: (a) opened and intruded into the “H” restaurant operated by the victim G located in F at the Government-Si around 02:40 on October 21, 2016; and (b) opened a safe using the drick (20 centimeters in length) in which the location was calculated; and (c) stolen KRW 150,000 in cash owned by the victim in the safe, by opening the safe using the drick (20 centimeters in length).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made in relation to G or D;

1. A written statement of G and D;

1. A report on results of field identification, each identification photo and field photo, each 112 report, and a report on the processing of the reported case and an appraisal report;

1. Previous convictions in judgment: Each investigation report (report attached to a suspect-related judgment and reporting attached to data on the current status of personal confinement), inquiry report about criminal history, and application of statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act (Partial Article 342 of the Criminal Act) concerning the relevant facts of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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