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(영문) 대전지방법원 2014.06.19 2014고합125

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Two (Evidence No. 1) and one (Evidence No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal power] On October 31, 1996, the Defendant was sentenced to one year and six months from the imprisonment with prison labor for larceny, etc. at the Incheon District Court's Seoul District Court's original branch on July 23, 1998; on September 12, 2002, the Defendant was sentenced to one year and six months from the imprisonment with prison labor for larceny; on May 11, 2005, the Incheon District Court sentenced to two million won from the Incheon District Court to a fine for larceny; on April 4, 2008, three years from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); on May 12, 2011, from the Incheon District Court's subsidiary branch, one year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and on September 16, 2012, the final prison for the execution of the sentence was terminated.

【Criminal Facts】

On January 20, 2014, at around 06:00, the Defendant came to be operated by the victim D, the victim D, the second floor of Daejeon Jung-gu, Daejeon-gu, Daejeon-gu, and opened a part of the locking locking device of the entrance, which is a construction tool (i.e., a single-name hereinafter referred to as “luxing”), which was prepared in advance, and attempted to steals money and valuables by taking advantage of the locking machine, etc., but did not discover the property to be stolen.

In addition, from that time until April 26, 2014, the Defendant attempted to steal or steal the total amount of KRW 4.23 thousand in cash through the same method over 20 times, such as the list of crimes in the attached Table, from that time to that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, D, G, H, I, J, K, L, M, M, P, Q, R, T, U, V, W, and X;

1. Seizure records;

1. Report on the results of conducting field inspections;

1. Each field file report;

1. Confirmation of the identity of the thief;

1. Responses to the results of appraisal on the scene of crime;

1. DNA Daily List;

1. CCTV photographs;

1. Seized articles and photographs;

1. All on-site photographs;

1. On-site inspection photographs;

1. Previous convictions indicated in judgment: Criminal reference reports, investigation reports (former and previous records), and personal data saving and accommodation status;

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

1. Criminal facts;