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(영문) 대구지방법원 2014.03.14 2014고합40

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 25, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on October, 200, and on September 8, 2005, on September 21, 2007, from the Incheon District Court Branch Branch Branch of the Incheon District Court, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on September 21, 2007. On April 9, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court Branch of the Incheon District Court on April 10, 2013.

On October 11, 2013, at the Diplomatic Office located in Daegu-gu, Daegu-gu, around 17:30, the Defendant: (a) opened and intruded into a locking window with a set of windows attached thereto; (b) held cash equivalent to KRW 10,000,000 owned by the victim E, which was kept in his/her book, from August 1, 2013 to December 30, 2013; and (c) taken a theft or theft of the victims’ property over 20 occasions, as indicated in the list of crimes, from August 1, 2013 to December 30, 2013.

Accordingly, the defendant habitually stolen or attempted the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, I, J, K, L, M, N, P, Q, R, T, and U;

1. Each investigation report, report on internal investigation, report on results of field identification, confirmation of identity of the fingerprints of the larceny case, and photographs;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal records, results of confinement of prisoners, and investigation reports (Attachment of judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind within the short time after release;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 331 (1), and 342 of the Criminal Act concerning the crime, and Articles 5-4 (1) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,

1. Articles 35 and 42 of the Criminal Act among repeated offenders.