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(영문) 대전지방법원 천안지원 2014.05.23 2014고단407

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 29, 2006, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Cheongju District Court Support for Incheon District Court. On February 1, 2010, the Busan District Court sentenced a fine of five million won for larceny. On April 28, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Seoul East District Court, and completed the execution of the sentence in a public prison on January 10, 201.

The Defendant: (a) intruded into a small-scale restaurant, etc. with no corrective device installed on the new wall to steals money and valuables; (b) from around 2:00 to around 3:00 on January 20, 2012, the Defendant opened the said restaurant toilet window which was not corrected at the “E restaurant” operated by the victim D in the Asia-si, Busan; and (c) intruded into the said restaurant, and carried 340,000 won in cash owned by the victim and carried out the said restaurant.

From that time, the Defendant habitually stolen property equivalent to KRW 7,907,40 on 77 occasions in total, as shown in the list of offenses, from that time to early April 2014.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (verification and investigation of details of damage to the other party of the victim's G), investigation report (verification of details of additional damage to the Z cafeteria president W), investigation report (investigation of on-site verification of the other party of the suspect);

1. The current status of persons who coincide with DNA as a result of comparison;

1. On-site photographs, AAA, on-site photographs of a AB laund, on-site photographs of a Z restaurant, on-site photographs of a AC shop, on-site photographs of a AD restaurant, on-site photographs of a AE cafeteria, on-site photographs of a AF cafeteria, on-site photographs of a AH cafeteria, on-site photographs, and on-site

1. Previous convictions: Criminal records, investigation reports (in cases of inquiries into the current status of confinement by individual, juvenile reformatories, and probation records), investigation reports (in cases of reporting attached thereto), Busan District Court Decision 2009Da6816, and one copy of the Seoul East District Court Decision 201Da723, Nov. 1, 2010;

1. Habituality of the judgment: The records of each crime, the frequency of crimes, and the frequency of crimes in the judgment;