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(영문) 청주지방법원 충주지원 2018.02.23 2017고단804
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On February 12, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and on September 7, 2012, at the same court, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) as an offense of robbery in the Chungcheong District Court’s support on February 12, 2010, and on January 21, 2016, the Defendant was sentenced to five months, respectively, and the execution of the said punishment was completed on February 22, 2016.

In addition, on March 8, 2017, the Defendant was sentenced to four months of imprisonment for a crime of intrusion upon residence in the Cheongju District Court’s Chungcheong Branch, and the execution of the sentence was terminated on May 30, 2017. The judgment became final and conclusive on November 16, 2017.

[Criminal facts]

1. The Defendant committing the crime of August 26, 2017: around 14:49 on August 26, 2017, at the Escki operated by the victim D in Chungcheongnam-si, Chungcheongnam-si, and at the other victim’s bank, out of KRW 700,00 in cash, which is owned by him/her, at the victim’s bank.

L. A. L. theft was committed.

2. On September 6, 2017, the Defendant: (a) committed the crime on September 6, 2017, on the 3rd floor of G public bath in the Chungcheong City F on September 6, 2017; (b) thefted with a earphone equivalent to KRW 10,00,00,000, the market price of the victim’s ownership in the other victim’s neighborhood around the other victim.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and again committed the crime as described above during the period of repeated crime due to larceny.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and H;

1. Report on occurrence (thief, victim D);

1. Reporting on arrest of a person suspected of larceny (victim H);

1. Each internal investigation report (verification of CCTV data, verification and search of CCTV data on the CCTV of a falling-won apartment, and specification of the suspect);

1. Investigation report (examination of the name of the crime and the modification of the applicable provisions);

1. Previous conviction: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on attachment to the judgment of the same type of case, attachment to the personal confinement status, confirmation of the suspect's continued trial in the final appeal, additional personal records of the suspect);

1. Article 5-4 (5) 1 and 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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