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(영문) 수원지방법원 성남지원 2018.09.21 2018고단1558
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 13, 2008, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months for a short term, one year and one year for a short term, and one year and two months for a short term, one year and one year for a short term, and eight months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on November 13, 2008, with prison labor for a special larceny at the same court on November 23, 2009, on June 14, 2011, eight months for larceny, etc.; on May 1, 2012, the same court was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the request of Suwon District Court on January 13, 2014; on May 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 218, 2013.

On June 8, 2018, around 02:39, the Defendant: (a) opened a gate at the convenience store operated by the victim D, and intruded into the said convenience store; (b) used an opportunity for employees’ surveillance to neglect, stolen money and valuables worth KRW 456,800, totaling six times from that time, by the aforementioned method until July 9, 2018.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, and again committed these crimes within the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The 112 reported case handling table; and

1. Photographss of each damaged scene and CCTV images;

1. Previous conviction: Application of Acts and subordinate statutes reporting a reply to inquiry, such as criminal history, investigation report (Attachment to a list of cases related to the suspect and a sentence of judgment, etc.), previous convictions and results of confirmation;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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