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(영문) 창원지방법원 통영지원 2019.05.16 2019고단274
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 17, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Changwon District Court’s branch branch on February 17, 201 to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months, respectively, in the same court on July 24, 2015. On April 13, 2017, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence in the vocational training prison around July 17, 2018.

【Criminal Facts】

1. On March 4, 2019, the Defendant committed the crime against the victim B: (a) opened a door of a vehicle that was parked by the victim B in front of the D Special Metropolitan City through Dong Young-si, and behind the vehicle that was parked by the victim B in order to steal the goods by opening the door of the vehicle that was not corrected by the victim B; (b) on the other hand, the Defendant did not receive money and valuables, such as cash.

2. On March 4, 2019, around 21:17, the Defendant committed the crime against the Victim F, who was in front of the Victim F’s house located in Tong Young-si G 1st, and invaded into the house through a corrected gate, and subsequently, the Defendant carried out one bit 1 20,000 of the market price where the victim, who was in the living room, was in the living room, was in possession of 20,000 won, and stolen it.

3. On March 4, 2019, around 21:24, the Defendant: (a) intruded into the house with a victim H located in Tong Young-si, through a gate with no corrected correction; and (b) cut off the house with a 590,000 won amounting to the market price of the victim, which was the victim’s ownership; (c) one community credit cooperative physical card; (d) one meal card; and (e) one cultural card; and (e) one market price non-verification counter-verification; and (e) one transportation card.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, he/she has committed larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement in B;

1. Each statement of H and J;

1. Each photograph;

1. Each report on investigation;

1. A previous conviction in judgment:

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