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(영문) 수원지방법원 평택지원 2020.04.03 2020고단105
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On March 26, 1992, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on October 12, 2006, and was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Central District Court on December 15, 201. On June 18, 2015, the Seoul East District Court sentenced three years of imprisonment with prison labor for the same crime in the Seoul East District Court on June 18, 2015, and completed the execution of the sentence on March 27, 2019.

On September 5, 2019, the Defendant: (a) opened and intruded the “D” office operated by the victim C, which was operated by the victim C, at Ansan-si, on September 22 and 28, 2019; and (b) stolen the Defendant’s property owned by the victim, including 9,000 won in cash and 350,000 won in the market price on the books of the above office; (c) cosmetics in the amount of KRW 1,39,000 in total at the market price of KRW 1,50,000 in the market price; and (d) 39,000 in the amount of KRW 1,50 in the market price

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he again intruded another's structure at night within three years after the execution of the sentence was completed, and stolen another's property.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol regarding E;

1. C’s statement;

1. On-site photographs;

1. Investigation report (F CCTV verification, etc.), investigation report (verification of the route of moving a suspect onCCTV), investigation report (detailed vehicle specification), investigation report (Attachment of Additional Damage Details), investigation report (D- CCTV organization), investigation report (verification of moving routes around the scene of crime), investigation report (finding of the victim's telephone statement reception), investigation report (finding of the victim's telephone statement): and accompanying materials;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (the judgment of the case of punishment for the previous punishment, attachment of written opinions), and application of statutes on attached data;

1. Criminal facts;

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