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(영문) 수원지방법원 여주지원 2016.08.12 2016고단626

상습특수절도

Text

A defendant shall be punished by imprisonment for two years.

In seizure, one emergency warning flash (No. 5) and one emergency warning flash (No. 6) shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal record] On July 5, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in resident support at the Daegu District Court, and completed the execution of the above punishment on April 23, 2016.

[Criminal facts] On June 8, 2016, the Defendant: (a) was in possession of the “D main points” located in Singju City around 01:30 on June 8, 2016; (b) destroyed the correction device by re-breaking the entrance door of the said heading; (c) intruded into the heading house; and (d) went into the kitchen; and (d) carried 5,000 won in cash contained in one kitchen knife and its place.

In addition, from the end of May 2016 to June 13, 2016, the Defendant: (a) opened an entrance door from the end of May 2016 to the end of June 13, 2016; (b) destroyed the rectification device at night; (c) invaded on a structure; (d) stolen, stolen, or attempted, property; and (e) stolen, stolen, or attempted, property worth approximately one million won in sum, by breaking other property not corrected at night; and (e) habitually stolen, stolen, or attempted, property of approximately one million won in sum, from the end of May 2016 to the end of June 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, K, L, M,O, P, and Q;

1. Seizure records;

1. Reports on each occurrence of a crime;

1. Photographss and on-site photographs after a CCTV course is cut;

1. A criminal investigation report (in the face of the arrest site and attaching photographs of the place of residence), investigation report (in the event that a crime is committed, attaching photographs to the ctv course);

1. Previous records: Application of criminal records data, personal confinement status, investigation reports (Attachment to the same type of judgment) and Acts and subordinate statutes;

1. Articles 332, 331 (1), 330, 329, and 342 (including provisions) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act committed the instant crime during the period of repeated crime despite the fact that the Defendant had been punished several times for the same kind of crime, and the frequency of the crime is not much the number of times, and the crime was committed by carrying a deadly weapon and destroying part of the structure at the time of the crime and impairing it.