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(영문) 의정부지방법원 2018.09.28 2018고단3051
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 13, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months in Seoul Eastern District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and six months in imprisonment with prison labor for an attempt to larceny at night at a district court on September 19, 2014, and eight months in imprisonment with prison labor for habitual night structure intrusion larceny at the district court on August 3, 2016, and six months in imprisonment with prison labor for a district court on July 13, 2017, and completed the execution of the final sentence at a Chuncheon prison on November 8, 2017.

[Criminal facts]

1. On June 15, 2018, between around 02:00 to 03:00, the Defendant: (a) opened the back door door door of the store in the building C at Namyang-si, and opened and intruded with the back door door of the store in which the Defendant was locked through the above windows, and (b) opened and intruded with the victim’s cash, which is the victim’s possession, at the Kabter’s depository located.

2. On June 21, 2018, at around 01:10, the Defendant: (a) opened an unlocked back door at a restaurant operated by the Victim F in Namyang-si, Namyang-si; and (b) invaded into the restaurant; and (c) cut off with a cash worth of KRW 70,000,000, which was kept in the depository.

3. On June 29, 2018, between 02:00 to 03:00 on June 29, 2018, the Defendant, at the same place as set forth in the foregoing paragraph 1, and at the same time, committed theft with approximately KRW 97,000, cash owned by the victim D, which was located in the Kabter’s depository by the same method as

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A written statement;

1. On-site photographs, investigation reports (victim's statement), investigation reports (G CCTV images), investigation reports (Attachment, etc. to H on-site photographs), on-site photographs (H);

1. Previous convictions in judgment: Application of the provisions of subparagraph (A) of a reply to inquiry, such as criminal history, report on investigation (verification of the same criminal history as the suspect and the period of repeated crime), nine copies including the judgment, and one copy of the current status of acceptance

1. Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes

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