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(영문) 인천지방법원 부천지원 2020.05.15 2020고합9
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] On June 14, 2007, the Defendant was subject to a disposition to forward juvenile protection cases by means of special larceny, etc. at the Gwangju District Prosecutors' Office, and was sentenced to imprisonment with prison labor for one year and six months and a fine of 150,000 won in the Gwangju District Court on August 26, 2009. On December 12, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and filed a request for reexamination during the execution of the sentence. On October 13, 2016, the lower court again sentenced five years of imprisonment with prison labor for habitual special larceny, etc., and completed the execution of the sentence on April 23, 2018.

【Criminal Facts】

On December 14, 2019, between 04:57 and 05:02 on the same day, the Defendant: (a) opened a locked door in his hand and intruded into the said store; (b) used 400,000 won in cash and 360,000 won in the market price on which he was placed in the air conditioners; and (c) used 360,000 won in cash, which were owned by the victim D; and (d) attempted to steals money and valuables in total amounting to 15,18,000 won in the same manner as the list of crimes, from around December 5, 2019 to December 14, 2019.

As a result, the defendant was sentenced to two or more punishment due to habitual larceny, etc., and habitually stolen or attempted to steals the victims' property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E and F;

1. The police statement concerning G;

1. Each statement of D, H, I, J, K, and L;

1. Each protocol of seizure and each list of seized articles, photographs of seized articles and photographs thereof;

1. Investigation reports by the Gangwon-gu Police Station for the investigation, confirmation of relative damage to victims L, correction of the fact of damage to the victim, and damage items;

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