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(영문) 수원지방법원 여주지원 2018.06.11 2018고단317
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On March 31, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny for six months at the Jung-gu District Court, and on December 16, 2015, the sentence of the said suspension of execution was invalidated upon the final judgment on December 24, 2015. The execution of the said sentence was completed on July 4, 2016. On March 22, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny for one year and two months on February 27, 2018.

[Criminal facts] The Defendant: (a) at the E convenience store operated by the victim D in Gyeonggi-gu Group C on March 11, 2018; (b) at the convenience store operated by the victim D on March 11, 2018; and (c) without correcting the entrance, the victim was in a safe of the convenience store, and entered the convenience store into the convenience store.

From around that time to March 28, 2018, 1,642,00 won (including 342,000 won) was stolen by taking a total of seven times, such as the list of crimes in the annexed crime list.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, G, H, I, J, and K;

1. The CCTV images of each convenience store (at least 3,6 times a patrol);

1. Image data from the PC room (net 30);

1. CCTV photographs (netly 33) on the surface of a crime;

1. CCTV closure photographs (net 37);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification, etc. of criminal suspects, repeated crimes, and records of the same kind), and the current status of personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act (a thief for intrusion at night), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act concerning the crime (a thief for each larceny)

1. Article 35 of the Criminal Act for aggravated repeated crimes (Provided, That it is a sentence provided for in Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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