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(영문) 의정부지방법원 2019.02.15 2018고단5145
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On June 4, 2012, the Defendant, at the Seoul Central District Court, sentenced 10 months of imprisonment with prison labor for night building intrusion, larceny, etc., and 3 months of imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on September 11, 2012, and 2 years of imprisonment with prison labor at the Seoul Western District Court on June 27, 2014, respectively. On February 3, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Central District Court on February 9, 2017.

On November 5, 2018, the Defendant came to hold a 200,000 won in cash owned by the victim C, which was kept in custody, on the right side of the cash terminal on the store hold, from the opening of the door door door door, around 23:17 to the 'D' operated by the victim C, the Government-si B B, and the Defendant came to hold 20,000 won in cash owned by the victim.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times with prison labor due to larceny, has committed larceny by intrusion upon a structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. A victim summary statement in C preparation;

1. A report on internal investigation (the tracking and investigating of a suspected mobile Dong line);

1. Investigation report (specific suspect);

1. On-site photographs and materials;

1. Data from DNA CCTV photographs;

1. Image data from EPC CCTVs;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, correspondence reports by individuals, investigation reports, and judgment, etc.;

1. 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 committed;

1. The Defendant had had the record of having been sentenced several times for the same kind of crime as before the judgment of the court, and in particular, even though the record of having been sentenced four times as to the punishment has reached four times, the Defendant committed the instant crime during the period of repeated crime.

In particular, the crime of this case is a cash in which the defendant intrudes into a structure at night and the victim keeps it in the calculation unit.

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