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(영문) 울산지방법원 2020.04.10 2020고합33
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1,000,000 1,000 1,000 1,000 1,000.

Reasons

Punishment of the crime

【Criminal Power】 On September 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a short term of one year and four months for a maximum of one year and six months for habitual larceny, etc.; on December 1, 2016, the Jeju District Court sentenced two years to imprisonment with prison labor for habitual night buildings, intrusion upon buildings, larceny, etc.; on August 17, 2018, the execution of the sentence was terminated; on February 1, 2019, the Jeju District Court sentenced six months to imprisonment with prison labor for larceny, etc.; and on May 19, 2019, the execution of the sentence was terminated.

【Criminal Facts of Crimes】 On January 31, 2020, at around 06:21, 2020, the Defendant: (a) opened a window not opened behind the restaurant and opened money installed at the entrance of the restaurant by intrusioning into the restaurant; and (b) took 30,000 won in cash owned by the victim, which was in his/her possession, from around that time to February 4, 2020; (c) stolen the victims’ cash totaling KRW 945,000, and all kinds of items in the market value, such as the list of crimes, from around that time to February 4, 2020.

As a result, the defendant was sentenced to punishment twice or more due to larceny and nighttime building intrusion larceny, and the execution of the punishment is completed, and the defendant habitually committed night structure intrusion larceny within three years after the execution of the punishment is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, I, J, K, L, M, N,O, P, E, and Q;

1. Each police seizure record and the list of seizure;

1. Each report(thief) on the occurrence of each investigation report(thief), each suspect’s specific suspect, fieldCCTV verification, the suspect’s appearance, on-site identification report and field photo attachment, R CCTV analysis, crime scene verification, etc., attachment of S cafeteria intrusion page, T cafeteria CCTV verification, etc., U cafeteria-type CCTV verification, etc., and attachment of CCTV images at the scene of the emergency arrest and investigation of the suspect at the time of committing the crime, attachment of CCTV images at the scene of the crime, on-site inspection and suspect tracking investigation, attachment of CCTV images at the time of the crime, on-site inspection, and on-site and intrusion photograph.

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