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(영문) 수원지방법원 2020.08.13 2020고단3913
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for night buildings, intrusions, larceny, etc. at the Suwon District Court and 2 years of suspended execution on October 3 of the same year, which became final and conclusive on October 3 of the same year, but was sentenced to one year of imprisonment with prison labor for larceny, etc. at the same court on March 25, 2015 under suspended execution

4.2. On April 21, 2016, the sentence of the said suspended sentence was invalidated upon the final judgment, and the execution of each of the said sentence was terminated in a military prison on April 21, 2016, and on April 27, 2017, the same court sentenced 8 months to imprisonment with prison labor for night building intrusion and larceny, and completed the execution of the sentence in a detention center on October 29, 2017.

【Criminal Facts】

1. On May 3, 2020, the Defendant: (a) around 04:40 on May 3, 2020, in front of the “D” restaurant operated by the victim C in Seo-gu Daejeon, Seo-gu, Daejeon; (b) opened a window adjacent to the said restaurant and intrude into the restaurant, and (c) carried out cash 50,000 won and 30,000 won at the market price adjacent to the said restaurant on which he was on the settlement stand.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again stolen the victim's property within three years after the execution of the sentence is completed.

2. On May 5, 2020, the Defendant: (a) around 04:30 on May 5, 2020, in front of the “G” restaurant operated by the Victim F in Daejeon Seo-gu E; (b) opened the rear door of the above restaurant and intruded into the restaurant, and held a Onnuri gift certificate equivalent to KRW 500,000,000,000,000,000,000,000 won, owned by the victim in the calculating unit of the restaurant.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and again stolen the victim's property within three years after the execution of the sentence is completed.

3. The Defendant committed on May 20, 2020: (a) around 01:40 on May 20, 2020, the Defendant opened and entered the rear door of the restaurant that was not locked and opened in front of the restaurant.

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