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(영문) 대구지방법원 서부지원 2017.06.08 2017고합54

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

The seized mother and child (Evidence No. 1), Scing Scam (Evidence No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

On December 24, 2009, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and on July 24, 2015, the same court was sentenced to imprisonment for habitual larceny and completed the execution of the sentence at the port prison on October 10, 2016.

On March 2, 2017, at around 13:10 on March 2, 2017, the Defendant: (a) divided the first race into the victim D’s house located in Daegu Suwon-gu, and confirmed the fact that there was no room inside the house; (b) cut off the wall; (c) cut off the door door of the first floor of Draber, 18K carp (0,000 won) with the market price of 30,000 won owned by the victim and 20,000 won at the market price of the victim’s house; and (d) cut off the victim’s house over seven occasions from around that time to March 8, 2017, the Defendant attempted to steal the victim’s house and then stolen the goods in the same way as indicated in the list of crimes in the attached Form, and attempted to steal the goods from the victim’s house over three occasions, or attempted to steal them.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and again attempted to steal or steal the victims' property again within three years after the execution of the punishment was completed, and infringed upon the victims' residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Each statement of D, H, I, J, and K;

1. A report on the results of field identification;

1. CCTV closure photographs;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, and a report on investigation (as evidence Nos. 70);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Articles 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act (including habitual larceny) and each criminal law regarding criminal facts, as well as Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes.