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(영문) 대구지방법원 2019.10.17 2019고단2794

특정범죄가중처벌등에관한법률위반(절도)등

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A defendant shall be punished by imprisonment for three years.

The evidence No. 949 of the pressure of the District Prosecutors' Office, Daegu District Prosecutors' Office, 2019, which was seized.

Reasons

Punishment of the crime

[Criminal Justice] On December 4, 2001, the Daegu High Court sentenced the Defendant to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on March 29, 2005, at the Daegu District Court, one year and six months of imprisonment with prison labor for the same crime, etc., and on October 26, 2010, at the same court, four years of imprisonment with prison labor for the same crime, and on June 4, 2015, three years of imprisonment with prison labor for habitual larceny, respectively, and on March 31, 2018, the execution of the final sentence was completed in the correctional institution.

【Criminal Facts】

1. On March 14, 2019, around 09:56, the Defendant: (a) opened a kitchen window with no correction from the rear side of the house; (b) intruded into the kitchen; and (c) sought a sound of mashing the mashing windows; (d) sought a sound of mashing the mashing windows from the kitchen; and (e) escaped through the window that had been discovered by the victim, who was discovered in the kitchen.

2. On April 29, 2019, at around 12:31, the Defendant opened a laundry room in Daegu Dong-gu, Daegu Dong-gu, where the victim E was located and did not correct the back of the house, and intrudes into the inner bank, and the Defendant carried 3.5 million won in cash, which is the victim’s possession in the front of the westhead.

Accordingly, even though the defendant intrudes on the victims' residence, and was sentenced to imprisonment not less than three times due to the crimes of Articles 329 through 331 of the Criminal Act or the attempted crimes, he again stolen or attempted to steals the victims' property during the repeated crime period.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Results of on-site inspections by this court;

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

1. Each police statement of E and C;

1. An appraisal report or on-site inspection report;

1. The register of automobiles and the data of F card replies;

1. Certificates of deposit transactions;

1. CCTV CDs (see ch012019429123003 files);

1. Each investigation report (Attachment to a detailed statement of deposit transactions) and (Access to a vehicle);

1. Previouss before judgment: Criminal history records, inquiry reports, and criminal investigation reports;