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(영문) 전주지방법원 2020.04.17 2019고단1972
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On May 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a period of two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Gwangju District Court on March 22, 2016, with prison labor for night-time intrusion upon residence, larceny, etc. at the Jeonju District Court Branch Branch Branch of the Seoul District Court on March 22, 2016, and one year for larceny, etc. on August 16, 2018. On February 14, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for special larceny, etc. at the port branch of the Daegu District Court and completed the execution of the sentence on October 8, 2019.

[2019 Highest 1972]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Night building theft;

A. On October 20, 2019, around 03:00 on October 20, 2019, the Defendant was in a teahouse operated by the victim C, which was located in Jung-si, and brought about approximately KRW 90,000 in cash in a simplified safe, which was located on the account unit, by opening a locked main window and intrusion inside it.

B. On October 21, 2019, around 03:00 on October 21, 2019, the Defendant came to be a G restaurant in the operation of the Victim F in Jung-gu, Jung-dong, and brought about approximately KRW 70,000 in cash in a simplified safe located in the main room by opening a rear window and intrusioning inside the window.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen the victims' property by intrusioning a structure at night during the repeated crime period.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny): around 21:00 on October 26, 2019, the thief discovered that the victim I, who was parked in the math around Kim Jong-si, was not locked, and opened a chief door to collect KRW 407,000 in cash in the place where the maths were parked.

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen the property of the victim again during the repeated crime period.

[200 Highest 449]

1. Violation of the Aggravated Punishment Act;

A. On October 10, 2019, the Defendant committed a crime around October 10, 2019: (a) around October 10, 2019.

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