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(영문) 창원지방법원 거창지원 2020.05.06 2020고단62
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On August 25, 2005, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Changwon District Court Soon Branch on February 10, 201, and was sentenced to eight months of imprisonment with prison labor for larceny, etc. on December 8, 2011; on April 1, 2015, the Changwon District Court sentenced eight months of imprisonment with prison labor for attempted larceny, etc. at the Changwon District Court Soon Branch on April 1, 2015; on October 26, 2017, the Defendant completed the execution of the sentence at the Daegu District Court on June 19, 2018; and on December 19, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence from Changwon District Court on December 19, 2018.

【Criminal Facts】

On March 6, 2020, at around 15:20, the Defendant entered the entrance, which was not corrected in front of the residence of the victim C in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and went into the entrance, and went into the residence of the said victim, and entered the entrance, and there was a 1,000 won of the cash 270,000 won on the part of the victim, which was located in the inside and outside of the entrance, and a 1,000 won of the swine storage, and a 1,000 room for women suffering from the wall.

As a result, the defendant intrudes upon the victim's residence and has been sentenced to imprisonment not less than three times due to larceny, etc., but has committed larceny again within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report (Attachment of D CCTV images);

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (former records and attachment of judgment), investigation reports (verification of the fact that repeated crime is being committed) and the application of Acts and subordinate statutes;

1. Article 319(1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, Article 319(1) of the Criminal Act (influence of residence, choice of imprisonment), Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act

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