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(영문) 대구지방법원 안동지원 2017.10.13 2017고단568

특정범죄가중처벌등에관한법률위반(절도)등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[2] On September 18, 2009, the Defendant was sentenced to two months of imprisonment for larceny at night at the Seoul Northern District Court; on May 25, 2010, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court; on December 13, 2011, the Defendant was sentenced to six months of imprisonment for larceny; on April 23, 2013, the same court was sentenced to ten months of imprisonment for larceny; on August 13, 2014, the Daegu District Court was sentenced to one year and nine months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on August 13, 2014; and on December 30, 2015, the enforcement of the said sentence was terminated by the 3rd North Korean Branch Island.

[2] On May 17, 2017, from around 09:00 to around 12:00 on the same day, the Defendant: (a) opened a boiler room which was not set up in the E warehouse managed by the victim D; and (b) intruded into the warehouse, and (c) went back with 229,016 in total market price of the victim’s possession, 1 bottled water, 1 bottled water, 1 frith, 1 frith, and 1 frith of drinking water, 2 frith of drinking water, and 1 frith of drinking water; (c) frith of frist 7 frith of crith, frith of frith, 1 frith of frith, and 1 frith of frith.

Accordingly, the defendant invadedd a structure managed by the victim and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on occurrence of a disaster;

1. On-site reports on results of field identification, on-site photographs, appraisers, and DNA personal information, and details of damage;

1. Each report on investigation;

1. Records of the judgment: Application of inquiry letter, such as criminal history, investigation report (verification of criminal records of the suspect), judgment door, and personal acceptance status Acts and subordinate statutes;

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and intrusion on buildings Article 329 of the Criminal Act: Article 319 (1) of the Criminal Act (the choice of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.