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(영문) 광주지방법원 순천지원 2018.11.15 2018고단2046
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to four months by imprisonment with prison labor for the attempted larceny of a structure at night at the Suwon Franchisor, on September 8, 2016, and was sentenced to ten months by imprisonment with prison labor for the purpose of intrusion into a structure at night, larceny, etc. in the support of the Suwon Franchisorgwon, on April 20, 2018. On April 20, 2018, the Defendant was sentenced to eight months by intrusion into a structure at night at the Gunsan Branch of the Jeonju District Court and completed the execution of the sentence on September 12, 2018.

On October 3, 2018, at around 03:07, the Defendant got into front of the restaurant operated by the victim D, the victim D at the Macheon-si, the Defendant: (a) intruded into the above restaurant through the food entrance; and (b) obstructed the goods to be stolen at the credit cooperative located at the seat of the carcter, and then attempted to the person who passed the above restaurant at the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and CCTV images in E-cafeterias;

1. Previous convictions: Inquiries about criminal history, investigation reports (the date of release), application of criminal investigation reports (the same criminal record and attachment of criminal records and judgment of the suspect) and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 330 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the Defendant committed a crime during the period of repeated crime even though he/she had been punished several times for the same kind of crime.

However, the defendant reflects his criminal act, and he attempted to commit the crime.

In addition, all the sentencing factors specified in the trial process of this case, such as the defendant's age, sex, living environment, and circumstances after the crime, shall be determined as ordered by comprehensive consideration.

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