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(영문) 청주지방법원 2020.01.09 2019고단2477
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On February 14, 2013, the Defendant of criminal records was sentenced to two years of imprisonment with prison labor for larceny, etc. in the order of the Gwangju District Court, in the order of the Gwangju District Court, and on February 20, 2014, sentenced to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Gwangju District Court, on April 3, 2014, and the said judgment became final and conclusive on April 3, 2014, the sentence of the said suspended sentence was invalidated. On July 25, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual night building intrusion and larceny in the Gyeyang Branch Branch of the Suwon District Court as of July 25, 2017.

2. From the end of September 23, 2019 to October 23, 2019, the Defendant, around 03:04 on October 18, 2019, at “D” restaurant operated by Cheongju-gu, Young-gu, Cheongdong-gu, by using a restaurant window that is not locked, opened and intruded, and then recovered KRW 500,000 in cash, which is the ownership of the victim in the West-gu, from the end of September 2019 to October 23, 2019, including between 01:40 won and 30 times in total, as indicated in the list of crimes, and committed attempted to steals property over twice.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to theft, etc., he did not commit a theft, or attempted to steals property by breaking another's structure at night during the repeated crime period, and did not commit a crime.

2. On October 11, 2019, the Defendant: (a) around 02:59, on October 11, 2019, opened a window that was not corrected for the “G store” operated by the Victim F in Osan-si, Osan-si; and (b) intruded into the store, thereby causing a theft of KRW 300,000, the cash owned by the victim, which was kept in custody in the Kater credit cooperative.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to theft, etc., he stolen property again by intrusioning another's structure at night during the repeated crime period.

2. 2019 Highest 2717.

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