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(영문) 창원지방법원 마산지원 2020.02.04 2019고단1216
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for larceny at the Daejeon District Court on September 16, 2009, and was sentenced to six months for six months for the same crime at the Daegu District Court on October 11, 201, and was sentenced to imprisonment with prison labor for the same crime, etc. on August 21, 2015 at the same court on August 21, 201, and was sentenced to ten months for the same crime, etc. at the same court on May 12, 2016, and completed the execution of the sentence at the Gyeyang Detention House on March 11, 2017.

On October 14:30 of October 2019, between 17:30 of the same day and 17:30 of the same day, the Defendant abused the victim’s room at the D Hospital E Hospital Hospital E located in Chungcheongnam-gu, Cheongju-gu, by making use of the gap in the victim’s room, and invaded the victim’s room, and stolen the victim’s money and valuables worth KRW 470,000,000, in total, including a bank amounting to KRW 1.50,000,000, and a cash amount of KRW 3.20,000,000, in which the victim’s market price in the lock-gu, located in the lock-gu, D Hospital E Hospital E, in which the Defendant was hospitalized, and the victim’s room was located. From that time, the Defendant stolen money and valuables amounting to KRW 6,350,000, in total, owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each statement of I, J, K, L, M and C;

1. Each report on internal investigation (Attachment of photographs of images of the suspected crime);

1. Investigation report (related to the counter-victims and the amount of damage);

1. All on-site photographs;

1. Previous records before and after judgment: Application of criminal history records, each investigation report (verification of the same type of force, and examination of the name of a crime committed) Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act for the crime (the point of intrusion and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act (Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes) of the Criminal Act among repeated offenders is a special provision for the larceny, etc., which is a repeated offender, and Article 8 of the Criminal Act (the general provision of this Act is a crime

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