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(영문) 대전지방법원 논산지원 2017.06.13 2017고단246
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2] On August 26, 2003, the Defendant was sentenced to imprisonment with prison labor for the same crime in the Daejeon District Court’s support for the Daejeon District Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on February 15, 2007; two years of imprisonment with prison labor for the same crime in the same court on October 22, 2009; three years of imprisonment with prison labor for the same crime in the same court on October 22, 2009; and two years and six months of imprisonment with prison labor for the same crime in the Daejeon District Court on July 24, 2013; and completed the execution of the last sentence in the Daejeon District Court on June 4, 2015.

[Criminal facts]

1. On April 10, 2017, around 01:20, the Defendant: (a) opened a “E” restaurant for the operation of the Victim D located in Seosan-si, Seosan-si; (b) opened a safe with which the Defendant was in the account room for intrusion, and stolen 30,000 won in cash owned by the victim.

2. On April 12, 2017, around 03:43, the Defendant: (a) opened an unlocked window to steal money and goods from the “H car page” of the Victim G located in the Ham-si, Seosan-si; (b) attempted to open a safe in the accounting unit by intrusioning into the h car page; (c) but (d) attempted to do so due to the absence of a credit cooperative.

3. On April 12, 2017, around 04:17, the Defendant attempted to enter the “K” restaurant operated by the Victim J (hereinafter “K”), which was opened in order to steals money and valuables, through the window, and attempted to open a credit cooperative in the account room, but was not opened by the credit cooperative.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Written statements of J, G and D;

1. Previous convictions: References to inquiries, such as criminal history, and application of the same criminal records and confirmed Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act (the crime of larceny by repeated crime at night), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 342 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act, shall be the defendant who has committed multiple concurrent crimes.

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