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(영문) 의정부지방법원 2018.01.19 2017고단5777
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On January 7, 2005, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the District Court of the Republic of Korea, and was sentenced to two years of imprisonment for the same crime in the same court on May 13, 2011. On August 31, 2016, the same court was sentenced to three years of imprisonment for habitual larceny and completed the execution of the final sentence in the Port of the Republic of Korea on February 14, 2017.

[Criminal facts]

1. On June 8, 2017, the Defendant committed the crime at around 23:40 on June 8, 2017, and committed the crime in U cafeteria operated by the victim T in Macheon-si, the Defendant: (a) opened a window not corrected on the right side of the building; (b) intruded into the restaurant; and (c) opened the Kacter’s safe to view the property as opening the Kacter’s safe; but (d) did not discover any property that could be stolen, and thus, did not commit

2. On June 9, 2017, the Defendant committed the crime at around 00:20 on June 9, 2017, at the “X” restaurant operated by the victim W, the Defendant: (a) opened the screen of the windows installed behind the building, and intrudes inside the restaurant; (b) opened the screen of the windows, which are not corrected inside the cafeteria; and (c) went in cash, which was kept in the front of the entrance, 250,000 won.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. W, each written statement of T;

1. Each investigation report (in the middle of the Decree, investigation into the inquiry of transit vehicles and the utilization of information sources, identity of the suspect), internal investigation report (on-site verification, visual video investigation, additional verification, etc.), including investigation into a hub at the time of crime prevention in front of the elementary school, response to data on transit vehicles, etc.;

1. On-site and City/Do slab photographs, each on-site and City/Do slab photographs (X cafeteria, U cafeteria);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, each investigation report (Attachment to the same kind of case and similar military records - court rulings and confirmation of suspect's period of repeated crime);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act (only Article 342 of the Criminal Act, and Article 330 of the Criminal Act, concerning the theft of repeated crimes) of the relevant Act on the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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