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(영문) 대전지방법원 천안지원 2018.05.25 2018고단838
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On June 14, 2005, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on August 6, 2010 and two years and six months from May 7, 2015, and the same kind of criminal records was more than three times in addition to the completion of the execution of the sentence at the Hongsung District Court branch on May 6, 2017.

[2] On February 21, 2018, around 02:00, the Defendant attempted to steal or steal the cash amounting to approximately KRW 657,000,00 in total by 14 times until March 25, 2018, as indicated in the list of crimes in the separate sheet, by putting the locker engine prepared in south-gu, Dong-gu, Seoul through the entrance and sucking the locker door through the entrance, cutting off the locker, and cutting off the locker, and then cutting off the cash amounting to KRW 20,00,000, which is the victim’s possession at the safe.

Therefore, even if the defendant was sentenced to imprisonment more than three times due to larceny, he/she has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Photographs raised at the time of committing the crime;

1. Investigation report (Attachment of photographs by cutting ct v images at the scene of crime);

1. Previous convictions: A reply to inquiry, such as criminal history, the current acceptance of suspects, and the application of Acts and subordinate statutes attaching the same criminal records;

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 as prescribed in the corresponding Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the confession and rebuttal of each of the crimes in this case; (b) the location of intrusion in this case is not an indoor residential space; and (c) the total amount of damage is not significant.

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