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(영문) 수원지방법원 안양지원 2014.08.21 2014고단1013

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 or 3 shall be confiscated.

Reasons

Punishment of the crime

On July 21, 2005, the defendant was sentenced to a summary order of KRW 100,00,000 from Suwon District Prosecutors' Office to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; the transfer of juvenile protection cases to night intrusion larceny at the same office on August 5, 2005; the transfer of juvenile protection cases to a special larceny at the same office on March 30, 2006; the transfer of juvenile protection cases to the same office on April 19, 207; the transfer of juvenile protection cases from Daejeon District Prosecutors' Office to a special larceny at the same office on November 7, 2007; on February 1, 2013, the defendant was sentenced to a summary order of KRW 1,00,000 as larceny; and on April 10, 2014, the court sentenced imprisonment with prison labor at the same office on April 10, 2014 to a fine of KRW 1 and 3 years; and the above judgment became final and conclusive.

At around 10:25 on June 13, 2014, the Defendant entered the church, through the entrance opened in Ansan-gu C, Annyang-si, Annyang-si, the Defendant: (a) examined the inside of the unconstitutional box managed by the victim E, who had been in the second floor of the above church; (b) did not make a theft as the victim E did not have the money to be stolen; (c) again, at around 22:20 on the same day, infringed upon the office of the third floor of the above church by the same method; and (d) stolen one of the three floors of the above church, the market price of which is equivalent to KRW 80,000,000, which was located therein, and stolen the property owned by another habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Each protocol of seizure and the list of seizure;

1. A investigative report (CCTV analysis);

1. Photographss, such as the scene of damage and the scene of crime, clothes used by the suspect, sprinks and sprink photographs;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (Attachment, such as a copy of criminal records and written judgments of a suspect);

1. Habituality of the judgment: The records of each crime, the number of crimes, the frequency of crimes, and the same type of crimes are repeated several times in a short period.