beta
(영문) 대구지방법원 2014.06.20 2014고단2254

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 5, 2014, the defendant was sentenced to a suspended sentence of ten months for special larceny, etc. at the Busan District Court, and on February 13, 2014, the above judgment became final and conclusive and is still under the suspended sentence.

On March 10, 2014, at around 09:40 on March 10, 2014, the Defendant opened a entrance and intruded into a e-cafeteria operated by the victim D, which is located in Daegu Dong-gu, by forcing the victim D to put up the doors prepared by the slick automatic entrance and exit, and 17,500 won in cash owned by the victim.

In addition, between October 26, 2013 and April 8, 2014, the Defendant habitually intruded into a structure at least 23 times in the daytime or at night, and stolen property worth KRW 3,583,500 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of D, G, H, I, K, K, L, M, N, P, Q, Q, R, T, U, V, X, Y, Z, AA, and F;

1. Each report on the occurrence (thief), investigation report (related to the attachment of photographs at the time of committing a crime), reports on field identification, reports on each field file, investigation reports (Attachment of a photograph by cutting off CCTV at a AB coffee shop), investigation reports (related to attachment of a photographic photo of CCTV data in AD AC located in the West AC against the suspect), investigation reports (on-site rents), on-site photographs, investigation reports (CCTV data investigation), reports on results of field identification, investigation reports (in the face of a suspect), investigation reports, CCTV photographs, and on-site photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (prior to disposition, report on results of confirmation, and attachment of judgment);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;