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춘천지방법원 강릉지원 2019.03.15 2018고단924
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On August 30, 2007, the Defendant was sentenced to three years of the suspension of execution on one year and six months in prison due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in Gangnam Branch Branch of the Chuncheon District Court, and the indictment on January 17, 2008 stated that “the indictment was “FI, Nov. 20, 2007.” However, it is apparent that it is a clerical error, and thus, was corrected ex officio. The above judgment became final and conclusive on March 27, 2008 upon being sentenced to 6 months of imprisonment and 200,000 won in prison due to the crime of the custody of stolen goods at the Seoul Central District Court, and on March 13, 2013, the sentence of the said suspension of execution was invalidated upon being sentenced to three years of the suspension of execution on one year and six months in prison, and on June 17, 2015, the indictment was corrected ex officio on June 15, 2015.”

After the above judgment became final and conclusive, the sentence of the above suspended sentence was invalidated, and the execution of the above sentence was terminated in the Ansan Prison on September 17, 2017.

【Criminal Facts】

1. On September 3, 2018, the Defendant: (a) around 23:00 on September 3, 2018, 2018, the Defendant: (b) removed the front part of the bareboat exchange machine by putting the dracker prepared in advance by using the gaps of “D” unmanned amusement room operated by the victim C, which is located in Gangnam-si, with no other person in the vicinity; and (c) putting the dracker into the front part of the brack exchange machine by force; and (d) 100,000 won, daily 1,000 won, and 2 million won, which were kept in the brack exchange machine, were put into a bank.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor for larceny, and the defendant committed larceny during the period of repeated crime.

2. On August 15, 2018, the Defendant: (a) around 05:00 on August 15, 2018, the Defendant 201 set up a door in the “G operated by the Victim FF in Mapo-si; and (b) a door in which the victim’s market price is equivalent to KRW 4.8 million, the victim’s market price, using the gaps in the vicinity of the victim F in Mapo-si.