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(영문) 인천지방법원 부천지원 2016.11.25 2016고합241

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

One knife (No. 1), one knife (No. 2), one knife (No. 2), and white lock.

Reasons

Punishment of the crime

【Criminal Power】 On January 19, 2005, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Goyang Branch of the Jung-gu District Court on March 19, 2005, and was sentenced to imprisonment with prison labor for the same crime in the same court on August 18, 2006, and three years and six months for imprisonment with prison labor for the same crime in the same court on April 8, 2009, and completed the execution of the sentence on May 7, 2016, after being sentenced to imprisonment with prison labor for the same crime at the Suwon District Court on October 10, 2012.

【Criminal Facts” around October 16, 2016: (a) around 06:20 on October 16, 2016, the Defendant got “D dental” operated by the victim D with the second and upper floors, and confirmed the inside and the absence of any person; and (b) broken off the entrance door by using an emergency escape watch prepared in advance.

The Defendant, who entered the entrance and kept in cash at the entrance, committed a theft of KRW 50,00,00 from September 8, 2016 to October 16 of the same year, and committed a theft of or attempted to steal cash amounting to KRW 2,663,00 in total on 25 occasions, such as the statement in the crime list, from around September 8, 2016 to around October 16 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The written statement of each victim written by E, F, G, H, I, J, K, L, M, M,O, P, Q, R, R, T, and U;

1. A written statement prepared by V, W, X;

1. Protocols of seizure, lists of seizure, and photographs of seized articles (Evidence Nos. 15-17);

1. Each report on occurrence (thief Nos. 1, 8, 106, 112, 125, 131) and each report on occurrence (Evidence List 21, 24, 58);

1. Each investigation report (Evidence Nos. 3, 4, 10, 29, 30, 35, 39-41, 46, 49, 52, 55, 71, 72, 115-117, 128) and accompanying materials;

1. On-site identification report (Evidence No. 27), reports on results of field identification (Evidence No. 32,37,42-45, 47, 48, 50, 51, 53, 66, 76, 79, 83-87) and reports on results of field identification (Evidence No. 62-64, 108, 132)

1.Each.