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(영문) 대구지방법원 2014.09.05 2014고합236

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 15, 2010, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Daegu District Court, for one year and six months, and on May 8, 2012, the same court was sentenced to imprisonment for the same crime, and on September 29, 2013, eight times all the records of punishment for the same crime, including the termination of the execution of the sentence.

1. On January 3, 2014, at around 13:00, the Defendant: (a) entered a container office located in Daegu Northern-gu Seoul Northern-gu Seoul Northern-gu (hereinafter “Seoul Northern-gu”); (b) cut off cash of 2.10,000 won and two physical cards from the bank owned by the victim E; and (c) cut off a non-marketed land on a market price with two physical cards.

2. On April 28, 2014, from around 15:30 to 16:10, the Defendant: (a) went into the 2nd door room of G factory in Daegu Northern-gu, by opening the door from the second floor room of G factory in Daegu-gu; (b) 36,000 won in cash from the victim H’s key machine; (c) 7,000 won in cash from the victim I’s key machine; and (d) 16,000 won in cash from the victim J’s key machine.

3. On May 9, 2014, at around 12:45, the Defendant: (a) entered the rest room of L in Daegu Northern-gu, Daegu Northern-gu, with the entrance opened in said room, and stolen KRW 50,00,00,00 in cash, and 11,00 in cash, as a result, in the victim’s N object, at the market price with two credit cards such as cash, Samsung Card, etc. and two drivers’ licenses, and 50,000 in cash.

Accordingly, the defendant habitually stolen the victims' articles three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of M, P,O, E, H, I, and J;

1. Attachment of suspect photographs, results of field identification, photographs of the scene of the crime, photographs of the scene and the suspect, and investigation reports (Attachment to a photograph of the head of the crime).

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment, etc. to a written judgment), and the status of confinement/collection of each individual;

1. Habituality of the judgment: the records of the crime, the frequency of the crimes, and the frequency thereof.