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(영문) 수원지방법원안양지원 2020.09.23 2020고단1466
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 18, 2015, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny, etc. in the branch court of Suwon District Court on August 18, 2015, on August 8, 201, and on August 9, 2016, the Daejeon District Court rendered a sentence of two years and six months, respectively. On May 21, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the branch court of Daejeon District Court. The execution of the said sentence was completed on April 21, 202.

【Criminal Facts】

1. Around August 2, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed an act of cutting off a cable connecting a credit cooperative with a monitor using a bags located in the carter, and then stolen it with a credit cooperative equivalent to KRW 70,000,000, at the market price owned by the victim, by taking advantage of the fact that the victim D, who is the victim of the building C, of the building B, is preparing for opening the business in Ansan-si.

2. Around 01:05 on August 2, 2020, the Defendant affected the building to a church after the church, which was not corrected in order to find out implements to open a stolen safe, as in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (victim G telephone communications);

1. Records of seizure and the list of seizure;

1. One copy of the on-site photograph or a theft image to capture and to record the on-site photograph;

1. Previous records of judgment: Application of criminal records, probationary records, details of suspect A prisoner search, investigation report (period of repeated crime and period of repeated crime and previous and confirm) Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is given, Article 330 of the Criminal Act, and Article 319 (1) of the Criminal Act

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation;

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