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(영문) 대구지방법원 김천지원 2012.12.21 2012고단939

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

The application for compensation order of C and D, which is the applicant for compensation, shall be dismissed respectively.

Reasons

Punishment of the crime

[Criminal Justice] On November 14, 2007, the Defendant was subject to a disposition to transfer juvenile protection cases due to special larceny, etc. at the Daegu District Prosecutors' Office on August 7, 2009, and was subject to a disposition to transfer juvenile protection cases due to special larceny, etc. at the Daegu District Prosecutors' Office on August 7, 2009. On March 30, 2011, the Defendant was sentenced to two years of imprisonment with prison labor due to special larceny, etc. at the Daegu District Court and three years of suspended execution, and the said judgment was still under suspended execution.

【Criminal Facts】

On September 18, 2012, the Defendant, at around 17:30 on September 18, 2012, entered the restaurant E, and ordered a large volume of food, and thereafter, the Defendant, the victim F, the owner of the said restaurant, in preparation for food, took cash of KRW 300,00, resident registration certificates, agricultural cooperatives, debit cards, etc., and took the cell phone of the victim’s cell phone from September 18, 2012 to October 25, 2012, the Defendant: (a) ordered the victim F, the owner of the said restaurant, to prepare for food, and (b) took part in cash of KRW 300,00,00,000, which is the victim’s possession; and (c) took part in the victim’s cell phone from September 18, 2012 to October 25, 2012; (d) revised the victim “I” as “I’s wife M”; and (d) revised the victim F, at nine times.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of G, C, F, H, I, J, D, K, and L;

1. Each report on occurrence;

1. In cases of investigation reports (general), field photographs, investigation reports (referring to replies with a doorbook), confirmation of personal information on larceny cases, investigation reports (Attachment of a result of fingerprint appraisal on the spot and on-site fingerprints assessment reports), site inspection reports (Attachment of a letter of response to fingerprint assessment on the scene of the crime), reports on the results of fingerprint assessment on the scene of the crime, appraisal reports, copies of the report on the results of fingerprint assessment on the scene of the crime, investigation reports (as to the confirmation, etc. of the crime committed against the suspect), on-site photographs, investigation reports (Attachment of on-site photographs), on-site photographs, investigation reports (Attachment of on

1. Previous convictions in judgment: criminal records and references;