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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1363

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for two years.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

[criminal record] On October 16, 2008, the defendant was sentenced to a disposition to forward juvenile protection cases due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thththth) at the resident branch office of the Daegu District Public Prosecutor's Office, and on November 12, 2008, the same public prosecutor's office was subject to a disposition to forward juvenile protection cases due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ththth). On August 20, 2009, the defendant was sentenced to a suspended sentence of one year and six months for the same crime. On April 8, 2010, the defendant was released on the parole on October 26, 2012 from the Daegu District Public Prosecutor's Branch branch office, which was sentenced to one year and six months for the same crime and passed on December 6, 2012.

【Criminal Facts】

1. Around August 7, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) opened a window at the E-S. E-S. office located in Gumi-si, Gumi-si, and intruded into a house, resulting in theft of cash KRW 5,000,000, which is owned by the victim F.

From June 29, 2013 to September 13, 2013, the Defendant habitually stolen the property owned by the victims worth KRW 37,705,000 in total, on 12 occasions, as shown in the list of crimes in the attached Table.

2. Around 03:00 on June 29, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) and operated the said vehicle without a driver’s license at a distance equivalent to about 4 km from the front day of lighting chips or semiconductors located in the Gu, Si, si-si 35-19, Gu, Si, Si, si-si to the upper day of the chips or semiconductors located in Gu, Si, Gu, Si, si-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Written statements of J, K, L, C, M, N,O, F, P, and Q;

1. On-site photographs, reports on occurrence of theft, requests for questioning and appraisal of the scene of the crime, and requests for inquiry into the scene of the crime, and the results of appraisal;

1. Registers of driver's licenses;

1. A criminal investigation report (as to the attachment of a suspect photograph taken onCCTV, on the site photograph);

1. Previous records before ruling: Criminal records, correspondence records, results of the confinement of prisoners, and the same kind of investigation report;