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(영문) 대전지방법원 2020.11.20 2020고합301
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On May 27, 2008, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court. On October 29, 2009, the same court was sentenced to imprisonment with prison labor for larceny, etc. on October 28, 2015. On October 28, 2015, the same court was sentenced to imprisonment with prison labor for two years and a fine of one hundred thousand won and imprisonment with prison labor for habitual larceny, etc. on May 13, 2016. On June 21, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and two months from the Gwangju District Court’s wooden branch for nighttime larceny and completed the execution of the sentence in the wood prison on May 26, 2020.

【Criminal Facts】

Around 04:33 on July 8, 2020, the Defendant intruded into the inside of the “D” main points operated by the victim C at Fagpo City B, and did not correct, and then stolen cash of KRW 20,000,000 from June 27, 2020 to July 02:30, 2020, with the victim’s cash at the expense of KRW 880,000,000 from around 05:0 on June 27, 2020 to around 02:30 on July 19, 2020, the Defendant stolen the cash and the market price of the other’s building at night, and attempted to commit it over a single-time.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen the victim's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, C, H, and I shall be investigated and reported (with respect to the investigation of CCTVs on the site of the case), investigation reports (suspects), investigation reports (finding reports), internal investigation reports (on-site verification), internal investigation reports (on-site verification), internal investigation reports (on-site verification of CCTVs around the suspect), internal investigation reports (on-site confirmation and final destination), internal investigation reports (on-site confirmation and final destination), internal investigation reports (on-site notification and attachment of CCTV images), internal investigation reports (on-site identification of the same crime of larcenys other than this case), internal investigation reports (on-site video verification of CCTVs);

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