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(영문) 대구지방법원 포항지원 2019.10.10 2019고단548

특정범죄가중처벌등에관한법률위반(절도)등

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The punishment of the accused shall be determined by one year and six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On April 4, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on April 28, 2016, sentenced to two years and six months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on April 28, 2016, and on October 16, 2017, the Seoul East East District Court sentenced two years and six months of imprisonment with prison labor for habitual larceny, etc. and completed the execution thereof on March 15, 2018.

On March 27, 2019, the Defendant: (a) around 13:39 on March 27, 2019, the victim D, in the south-gu C at the port, opened a string of the string and intruded to the string of the string through a window that was not locked by math; and (b) 40,000 won of cash owned by the victim in the string; (c) 12,00,000 won of cash owned by the victim B; and (d) 5,000,000 won of market value, which was prepared in advance.

In addition, from March 27, 2019 to April 25, 2019, the Defendant infringed upon the victims’ residence or intruded the victims’ structures at night on a total of four occasions, such as the list of crimes in attached Form 1, to April 27, 2019.

Therefore, even though the defendant was sentenced to imprisonment not less than three times due to special larceny, he did not intrude the victims' residence again during the repeated crime period, or intruded on a structure at night, thereby theft or attempted to steal the victims' property.

On April 19, 2019, the Defendant, around 05:30 on April 19, 2019, 205:4.05:30, the Defendant: (a) intruded into the restaurant through the kitchen window, thereby resulting in theft of KRW 50,000,000,00 in cash in the market value of the victim’s possession on the front of the kitchen and KRW 100,000,000 in the front of the kitchen.

As a result, even though the defendant was sentenced to imprisonment more than three times due to special larceny, etc., he intruded on a structure at night during the repeated crime period, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police of D. D.