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(영문) 청주지방법원 영동지원 2019.06.05 2019고합8
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Jeonju District Court.

On March 29, 2017, the Defendant was sentenced to two years of imprisonment with prison labor at the Changwon District Court for the same crime, etc., and completed the execution of the said sentence on January 31, 2019.

On February 1, 2019, at around 03:00, the Defendant opened a window that did not lock the said church behind the said church and intrudes into the office. On the indictment, the Defendant stated KRW 500,000,000,000 in cash owned by the victim D, which the Defendant stolen at the above time and place, as it is obvious that the amount of cash owned by the victim D is 30,000 won, but it is obvious that it is a clerical error.

We came back and stolen it.

In addition, from around that time to April 17, 2019, the Defendant attempted to steal or steal the property owned by the victims of the total amount of KRW 2,720,000 in total eight times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, G, H, I, J, K, and D;

1. An investigation report (in relation to the confirmation of additional violence and the attachment of a photograph of the damaged scene), an investigation report (to hear victim's D phone statement), an investigation report (to hear victim's I telephone statement), an investigation report (to hear victim's G phone statement);

1. Criminal records as indicated in the judgment: Criminal history records, reply reports, the same previous records, integrated judgments, and current status of personal confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing habituality, in light of the criminal records, the number of crimes, the number of crimes, and the same kind of crimes committed several times in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329, 330 and 342 of the Criminal Act concerning the crime;

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

1. Circumstances in favor of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows.

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