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(영문) 창원지방법원 2019.06.13 2019고합63

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 10 through 17 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On August 9, 1995, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended sentence for attempted larceny at night at the Suwon District Court. On June 14, 200, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny at the Chungcheong District Court. On June 13, 2003, the Gwangju District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Gwangju District Court on May 19, 2010. On May 30, 2014, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Gwangju District Court on March 5, 2017.

【Criminal Facts】

The Defendant: (a) destroyed a commercial door at night and carried money, valuables, etc. at night and returned to the Changwon, with his mind to steal it; (b) around 02:40 on January 18, 2019, the Defendant: (c) destroyed the entrance locking device at around 02:50,000 won; and (d) infringed upon the door locking device at around 500,000 won in cash, from that time until March 6, 2019, the Defendant carried out the cash of KRW 7,850,000 in total over 12 occasions, such as the statement in the list of crimes in the attached Form.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement of G, H, I, C, J, K, L, M, N, andO;

1. A report on the results of field identification;

1. Records of seizure and the list of seizure;

1. An investigation report (in relation to the confirmation of CCTV at the scene of damage), an investigation report (in the event of a crime, attaching CCTV images), an investigation report (in the event of an emergency arrest), an investigation report (in the event of an emergency arrest), an investigation report (in the case of attaching photographs to seized objects), an investigation report (in the case of an extractor of CCTV at the Pental), an investigation report (in the case of determining the amount of damage), an investigation report (in the case of an extractor of CCTV images at the Q pharmacy), and an investigation report (in the case of an amount of damage specified in