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(영문) 대구지방법원 안동지원 2021.01.14 2020고합69

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On November 10, 2004, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and on June 27, 2019, was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the support of the Daegu District Court, and on August 3, 2020, the Defendant completed the execution of the sentence in the third intersection of the North Korean Branch of the North Korean District Court.

[Criminal facts]

1. 피고인은 2020. 8. 27. 17:00 경 영주시 B 연립주택 부근에서 주변의 감시가 소홀한 틈을 이용하여 B 연립주택 외벽 도시가스 밸브에 걸려 있는 피해자 C 소유의 시가 170만 원 상당의 갤 럭 시 노트 휴대폰 1개, 시가 80만원 상당의 MCM 지갑 1개, 현금 1만 원이 들어 있는 힙 색 가방 1개를 가지고 가 이를 절취 하였다.

2. On October 24, 2020, the Defendant, at around 06:12, was in permanent residence D, by taking advantage of the gaps in around E, where the surveillance of the surrounding area was neglected, opened a string door door that was parked in the victim F, and stolen it by holding a bank with a cash of KRW 80,000,000,000 located on the front line of the passenger car.

Accordingly, the defendant was sentenced to punishment twice or more due to habitually larceny, and again stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report of the F and C written statements (the process of tracking, investigation, and emergency arrest of suspects);

1. Records of seizure, list of seizure, on-site photographs, etc., photographs of each damaged article, ctv course photographs;

1. Previous convictions in judgment: A criminal investigation report (verification of confinement records A by a suspect), investigation report (Attachment of criminal records of the same kind of crime committed by a suspect A), reply to inquiry, and written judgments, such as criminal history;

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

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-4 of the Criminal Act.