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(영문) 창원지방법원 2020.06.03 2020고단1282
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On March 24, 2016, the Defendant was sentenced to a suspended sentence of one year to imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Changwon District Court, and on June 9, 2016, the period of the suspended sentence was two months of imprisonment with prison labor for larceny, etc. at the Changwon District Court, and the judgment became final and conclusive on June 17, 2016, and completed the execution of the said suspended sentence on August 2, 2017. On March 7, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Changwon District Court, and completed the execution of said sentence on November 18, 2018.

【Criminal Facts】

1. On March 29, 2020, the Defendant: (a) around 10:35 on March 29, 2020, up to the main point of “D” operated by the victim C of Sungwon-si, Sungwon-si B and C; (b) opened a entrance and entered into a main place of distribution; and (c) carried 200,000 won in cash, which is the victim’s possession in the Kabter credit cooperative.

Accordingly, the defendant intrudes on a structure managed by the victim, and was sentenced to imprisonment not less than three times for larceny or attempted crime, and stolen the property of the victim during the period of repeated crime.

2. On April 11, 2020, the Defendant: (a) around 07:50 on April 11, 2020, around the main point of “G” operated by the victim F, who was in the Sungwon-si E and the second floor, opened the said main key, and entered into the main place, and (b) carried the cash amount of KRW 700,000 to KRW 3 million, which is the cash owned by the victim.

Accordingly, the defendant intrudes on a structure managed by the victim, and was sentenced to imprisonment not less than three times for larceny or attempted crime, and stolen the property of the victim during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement, each report on generation, CCTV photographs, and photographs of seized articles;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports, judgment, and application of statutes on the current status of confinement by individuals;

1. Criminal facts;

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