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(영문) 대구지방법원 2019.09.25 2019고단3037
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 25, 1999, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the branch court of the Seoul District Court in the Seoul District Court on May 25, 199. On January 12, 2005, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on February 7, 2007. On February 5, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the branch court of

On August 7, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daegu District Court on September 18, 2016, and the execution of the sentence was terminated on September 18, 2016. On August 9, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court on May 12, 2018.

【Criminal Facts】

As above, the Defendant was released from the military court on May 12, 2018 and transferred the notice telecom, etc., and was living or going without a certain occupation.

1. On March 28, 2019, the Defendant: (a) was a meal at the “D” restaurant operated by the Victim C located in Daegu Northern-gu, Daegu-gu, Seoul-gu, on March 28, 2019, the Defendant concealed the Defendant’s cash 110,000 won, vehicle keys, identification card, etc. owned by the victim under his/her supervision by using a cresh in which the other customers were able to watch the other customers; and (b) carried them back to the Defendant with the Defendant’s door-to-face color.

2. On April 2, 2019, the Defendant: (a) was eating at “G” restaurant for the operation of the Victim F in Suwon-gu Suwon-gu E, Daegu-gu; (b) took out KRW 140,000 in cash owned by the victim from the cell phone case of the victim on another table by taking advantage of the gap where the victim took care of other customers by neglecting surveillance; and (c) took out the cash from the cell phone case of the victim on the other table.

Therefore, even though the defendant was sentenced to imprisonment with prison labor or more than three times for larceny, he/she has committed larceny again within the period of repeated crime.

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