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(영문) 광주지방법원 순천지원 2019.04.26 2019고단224
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2019 order 224] [criminal records] On August 31, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for night, residence, intrusion, larceny, etc. in the Changwon District Court's smuggling branch on August 31, 2017, and completed the execution of the sentence in the Daegu Prison on April 23, 2018.

【Criminal Facts】

On January 19, 2019, around 18:10, the Defendant continued to collect KRW 1,372,000 in cash from the head of the finance bureau D owned by the victim, at a number after the transfer of the inspection in C, which was located in B, 18:10, in order to take place in B, the Defendant continued to collect KRW 7,800 in cash.

Accordingly, the defendant stolen the victim's property.

[2019 order 314]

1. On December 14, 2018, at around 12:44, 2018, the Defendant: (a) stolen the Defendant, with four (4) calendars worth KRW 16,000, the market price of the victim G ownership, which was covered with a tent around the F main point located in C, E.

2. The Defendant, at around December 15, 2018: (a) around 08:47, on the same method at the place specified in paragraph (1) of the same Article, cut off the Defendant, with seven soldiers a week of at least 28,000 won at the market price owned by the said victim.

3. On December 17, 2018, the Defendant: around 06:10, at the same method at the places specified in paragraph (1) in the same manner, cut off the Defendant with four major soldiers holding the said victim’s market value equivalent to KRW 16,00,00.

Summary of Evidence

[2019 Highest 224]

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs and reports on internal investigation (Analysis of CCTV data) (on-site CCTV data);

1. Defendant's legal statement;

1. G statements;

1. A report on internal investigation (related to the verification of CCTV data in a damaged place);

1. Inquiry reports, such as criminal records, investigation reports (verification of criminal records of the same kind of suspect), and application of statutes on the acceptance status of each individual;

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Of concurrent crimes, the Defendant, for reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, has the record of serving several punishments including imprisonment for the same kind of crime, and the Defendant is the period of repeated crimes.

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