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(영문) 수원지방법원평택지원 2020.08.28 2020고합97
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On July 27, 2007, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in Ansan District Court’s Ansan Branch, and was sentenced to one year and six months of imprisonment for the same crime, etc. at the Seoul Southern District Court on May 21, 2009, and completed the execution of the sentence on October 13, 2010, and was sentenced to one year and two months of imprisonment for the same crime on July 6, 2018, and completed the execution of the sentence on April 7, 2019.

【Criminal Facts】

1. At around 08:40 on May 25, 2020, the Defendant: (a) entered the second floor distribution through the 1st floor entrance that was not corrected; and (b) laid down a unconstitutional gold bag containing KRW 250,000 in cash by inserting the clothes for a single file in the unconstitutional box located in the unconstitutional box; and (c) laid down the unconstitutional gold bag with the KRW 250,000 in cash.

2. At around 09:15 on the same day, the Defendant entered the 1st floor corridor by using any cresh in which the victim F in Pyeongtaek-si was managed by the Defendant, and opened the warehouse in the entrance of the education center without correcting the cresh, and found the gate, a cafeteria, a cafeteria, and a second floor through the entrance of the entrance that was not corrected by the education center. However, the Defendant did not commit an attempted crime because of the lack of stolen objects.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen another person's property or attempted to steals another person's property within three years after the completion or exemption of the execution.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and F;

1. A theft report (thief), internal investigation report (on-site internal investigation, internal investigation by the victim, internal investigation by the third party of the scene, internal investigation by the black stuffs around the site), black stuffs, photographs, black stuffs images, field identification reports, field file reports, investigation reports (on-site tracking investigation by the suspect after the crime of the suspect), CCTV-caping photographs, and investigation reports.

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