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(영문) 대전지방법원 천안지원 2020.03.19 2019고단3139
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

On July 4, 2002, Defendant A was sentenced to imprisonment with prison labor for a short term of three years and two years and six months for special robbery, etc. at Seoul High Court; on November 8, 2006, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on September 18, 2007; on October 31, 2008, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on the Aggravated Punishment, etc. of Specific Crimes.

Defendant

A, as seen above, has been sentenced to imprisonment with prison labor due to special robbery, nighttime building intrusion theft, night building intrusion theft, and attempted larceny, etc. on December 22, 2016, which was sentenced to two years of imprisonment with prison labor due to special larceny, etc. in Suwon District Court Sejong District Court, on November 10, 2018, and completed the execution of the sentence in Seoul Southern Prison on November 10, 2018.

Defendant

B On July 6, 2017, the Suwon District Court sentenced 6 months of imprisonment for night residence intrusion larceny in a housing site, and completed the execution of the sentence in the Insified Vocational Training Prison on October 29, 2017.

【Criminal Facts】

1. The Defendants’ co-principal

A. On November 21, 2019, at around 01:15, the Defendants committed the crime in “C” came to nearby the “C” restaurant operated by the victim E in Seoan-gu, Seoan-gu, Seoan-si. Defendant B reported the network outside the above restaurant. Defendant A opened the above restaurant, which was not corrected, and opened into the door, carried the cash storage machine on the front door, and broken down the cash storage machine on the front door, but did not contain cash, and thus did not steal the victim’s property.

As a result, Defendant B did not intend to steal the victim's property in collaboration with Defendant A, and Defendant A was sentenced to imprisonment not less than three times due to special robbery, etc., and Defendant B was jointly punished with Defendant B during the period of repeated crime.

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