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(영문) 대전지방법원 2018.04.05 2018고단488

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On December 21, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for special larceny, etc. at the Daejeon District Court, and completed the execution of the sentence at the Daejeon District Court on October 27, 2017. On June 4, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for habitual larceny and completed the execution of the sentence at the Daegu District Court on September 16, 2015. On August 13, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for night intrusion larceny at the Southern District Court’s Southern District Court’s branch, and on October 28, 2009, completed the execution of the sentence at the Gwangju District Court on September 3, 2013.

[Criminal facts]

1. On November 28, 2017, the Defendant: (a) went into the house of the victim D in Jung-gu, Daejeon Metropolitan City, Daejeon; (b) opened a kitchen window in excess of the house fence and intruded up to the inside; and (c) cut off the cash of KRW 7,00,000, which was located in the cremation of the cremation.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, he again committed the larceny during the repeated crime period, and intruded on the residence of a person.

2. On December 4, 2017, at around 17:00, the Defendant entered the place specified in paragraph 1, and attempted to steals the kimchi contained in a vinyl by opening an Kim Doro in the mash, but did not commit a brush with a wind that contains kimchi.

Accordingly, even though the defendant was sentenced to imprisonment more than three times due to larceny, he again committed the larceny during the repeated crime period, and intruded on the residence of a person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Report on each occurrence, CCTV photographs for committing a crime, and CCTV for committing a crime;

1. References to inquiries, such as criminal history, each investigation report, acceptance status, and application of the judgment-making statute;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and the choice of punishment, respectively, Articles 342 and 329 of the Criminal Act (the crime of larceny and attempted larceny).