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(영문) 청주지방법원 2020.12.10 2020고단328
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on May 23, 2002; on June 25, 2004, the same court was sentenced to 10 months of imprisonment with prison labor for the same crime; on January 14, 2008, the same court was sentenced to one year of imprisonment with prison labor for the same crime; on July 14, 2009, the same court was sentenced to one year and six months of imprisonment with prison labor for a special larceny; on June 23, 2011, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and on January 19, 2017, the person who completed the execution of the final punishment at the Chungcheong District Court on October 16, 2018.

【Criminal Facts】

1. On May 16, 2019, around 15:53, 2019, the Defendant: (a) committed theft with an envelope, which contains a 50,000 won of the market price owned by the victim D, in front of the drinking house “C” entrance of the 2nd floor located in Cheongju-si, Cheongju-si.

2. At the same time as in the preceding paragraph, the Defendant: (a) cut off the clothing store “E” entrance on the part of the above “C; (b) the victim F, with three copies of women’s office boomed in boxes, which had been put in boxes in order to send home-to-house boxes.

3. At around 17:10 on December 28, 2019, the Defendant laid 3,000, around the above “C” entrance, and cut off 3,000 won of the market price from the gambling room set up by the victim D, by putting 3,00 won of the market price into a bank.

Accordingly, the defendant was sentenced to imprisonment more than three times due to larceny, etc., and stolen the victims' property during the repeated crime period.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement and each damage report;

1. On-site photographs, on-site photographs, and closures of CCTV images;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the judgment and the expiration of term of punishment), and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. The Criminal Act among concurrent crimes.

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