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(영문) 대전지방법원공주지원 2020.09.18 2020고단368
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

In seizure, one color on an emergency warning (No. 1) and one iron yarn (No. 2) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On October 28, 201, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. at a public order branch of the Daejeon District Court on November 18, 201; on November 18, 2011, the same court was sentenced to 3 years and six months of imprisonment with prison labor; on January 17, 2013, the Daejeon District Court was sentenced to 3 years and six months of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Daejeon District Court on May 26, 2017; on February 15, 2019, the Defendant was sentenced to 1 year and six months of imprisonment with prison labor for night building intrusion, larceny, etc. and completed the execution of the sentence on July 8, 2020.

【Criminal Facts】

Around 14:01 on July 18, 2020, the Defendant intruded into the underground “Cisung Party” located in Sinju City B, and, in making a crepan in which sexual party management was neglected due to the outing of the party related to sexual parties, including the victim D, the Defendant stolen 10,000 won in cash owned by the victim and stolen 10,00 won in cash from around 20 to August 8, 2020, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement E by the police officer concerning D;

1. A photograph description of the seizure list (suspects and suspect's belongings), CCTV-cape, field photograph, CCTV image-cape photograph, on-site photograph, CCTV-cape photograph, and one CD;

1. Previous convictions in judgment: References to criminal records, investigation reports (verification of past records of sentence of punishment not less than three times, such as larceny), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Confiscation Article 48 of the Criminal Act

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