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(영문) 전주지방법원 2020.06.17 2019고단1872
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On September 18, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the Military Accounting Support of the Jeonju District Court, and the judgment became final and conclusive on February 21, 2020.

【Criminal Facts】

1. On July 9, 2019, the Defendant: (a) opened a victim B’s DSS6 car door without correction at the 1st floor parking lot of the Seo-gu Seoul Special Metropolitan City, Geumcheon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City); and (b) laid down a vehicle door in the victim B; and (c) committed a theft by putting it off by 200,000 won at the market price in the same place.

2. The Defendant committed the crime against the victim E at around 01:10 on the same day, after approaching the victim E’s G PP car parked in the FPD parking lot, brought the victim E’s knife away from his/her hand to steal his/her knife, but the knife did not carry out his/her intention on the wind which he/she was diving.

3. The Defendant appears to have committed a crime against the Victim H, which was parked in IBD parking lots around 01:10 on the same day, as the Defendant appears to have been the victim H’s J.

K7 Access to the car and thereby theft his goods, the car left by hand, but the knife was not carried out on the wind which was locked, but was attempted.

4. On July 9, 2019, around 01:11, the Defendant committed a crime against the Victim K, who was parked in the same L parking lot of the same Gu, was placed in knife in order to cut off his or her goods by approaching the victim K’s Mabe-port car, which was parked in the same L parking lot. However, the Defendant did not come to an attempted attempt without having his or her intention on the wind which he was locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Investigation reports (Attachment of photographs of damaged materials), and investigation reports (Attachment of video recording records of CCTV related to committing a crime);

1. Previous records of judgment: Criminal records, etc. and the application of each written judgment and other statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.

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