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(영문) 수원지방법원 여주지원 2019.02.20 2018고단1121
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 14, 2002, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny at a branch court of Suwon District Court on August 14, 2002; on October 26, 2015, the Defendant was sentenced to 2 months of imprisonment with prison labor for night, building intrusion, larceny, etc.; on June 29, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on June 29, 2018, and completed the execution of the sentence on October 11, 2018.

【Criminal Facts】

1. On October 14, 2018, the Defendant: (a) opened a door at around 06:50 on October 14, 2018, the victim C, the victim C, who was parked in the street B in front of Echeon-si, Leecheon-si, without correcting the vehicle; and (b) cut off the vehicle with at will the same time as KRW 5,00,000, the victim owned in the said cargo vehicle.

2. Around October 23, 2018, the Defendant, at around 18:00 on October 23, 2018, took advantage of the gaps in the victim F garden E in E, E, E, in which the surveillance of the victim was neglected, he arbitrarily extracted 2 waivers equivalent to KRW 6,000, the market price of the victim’s possession in the said garden.

3. Around October 26, 2018, the Defendant: (a) used the gaps in which surveillance by the victim F was neglected on October 26, 2018 at the same place as above 22:00; and (b) used the gaps in the victim F’s surveillance at the victim’s location as above 22:00; (c) extracted at will 8 renunciations, large wave nine parts, and six parts free of charge in an amount equivalent to KRW 20,00 in total the market value of the victim’s ownership.

4. On November 1, 2018, around 06:00 on November 1, 2018, the Defendant: (a) opened a entrance that was not corrected by the victim I using the gap in the H Elderly located in Dongcheon-si, Leecheon-si; and (b) entered the said elderly house with at will a total amount of KRW 100,00,00 in rice amounting to KRW 20,00,000 in the market value owned by the victim; and (c) cut off the said house.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, F, I, and J;

1. A report on internal investigation (on-site CCTV and statement of witness);

1. Investigation report (for the damaged goods):

1. All on-site photographs;

1. Previous convictions as indicated in the judgment: The criminal records, the previous records of the disposition, and the results of confirmation; and

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