(영문) 수원지방법원 안산지원 2020.03.20 2020고단326

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(영문) 수원지방법원 안산지원 2020.03.20 2020고단326

특정범죄가중처벌등에관한법률위반(절도)

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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On June 7, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Incheon District Court, and was sentenced to 1 year and 4 months of imprisonment with prison labor at the Seoul Central District Court on July 23, 2015, and on October 12, 2017, the Defendant was sentenced to 2 years of imprisonment with prison labor for night, intrusion of residence, larceny, etc. at the same court on March 20, 2019.

【Criminal Facts】

The Defendant, while working in Ansan-si, from around 2012 to 2016, had been aware of the structure of the above building and had been able to steals property by intrusioning on the building at night, on the basis of well-known knowledge of the structure of the building.

1. From November 2019 to 21:00, the Defendant: (a) opened a locked entrance from the beginning of November 2019 to the 21:00, and opened up to the sales store of golf products to the members of Ansan-si, the Victim D operated by the Defendant; and (b) went with golf 100,000 won in total of the market price, which is the victim’s possession, located in the storage and display stand, and stolen with golf 10,000 won.

Therefore, even if the defendant was sentenced to imprisonment at least three times due to larceny, he/she has committed at night another crime of larceny during the period of repeated crime.

2. From around 20:00 on November 2019 to around 21:00, the Defendant opened a locked door and opened up to the sales store of golf products from the members of Ansan-si operated by the victim D, Ansan-si, the Defendant: (a) infringed on the location and the display room; (b) had a golf-type 10 straws equivalent to the total market price of KRW 800,000, and a golf-type 300,000, the market price of which is equivalent to KRW 360,000,000; and (c) cut off with two bicks in total at the market price of the victim owned by the victim located in Lestop.

Therefore, even if the defendant was sentenced to imprisonment at least three times due to larceny, he/she has committed at night another crime of larceny during the period of repeated crime.

3. On December 13, 2019, the Defendant is operated by the Victim D around 22:28.

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