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(영문) 대구지방법원 2016.05.24 2016고단806
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 9, 2007, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at a branch office of the Daegu District Court, and was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on May 8, 2009, and was sentenced to six months of imprisonment with prison labor at the Daegu District Court on September 12, 2013, and completed the execution of the sentence at the Daegu Detention House on December 16, 2013.

On October 30, 2015, around 18:45, the Defendant intruded the above 10th apartment building C apartment building 103, around Busan Metropolitan City around 103, and cut off the lock lock devices of the victim D, which is equivalent to KRW 700,00,00,000, at the victim D in the above corridor, and carried the bicycle.

From May 2015 to January 2016, the Defendant stolen six bicycles worth a total of KRW 2.2 million over six occasions, such as the list of crimes in the attached Table, from May 2015 to the first patrol officer.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny or special larceny, and the execution of the sentence was completed, and again, the defendant was punished by larceny, nighttime intrusion larceny, and invaded upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Each statement of G, D, H, and I;

1. Each protocol of seizure (voluntary submission), voluntary submission, each list of seizure, pictures of each damaged article, and reports on the results of field inspection;

1. Each report on internal investigation (number 4, 6, 7, 24, 26, 30 of the evidence list);

1. Previous convictions in the judgment: Application of a written reply to inquiry, such as criminal history, (A), internal investigation report (the subject of investigation and the search of prisoners A), and each investigation report (Attachment to the judgment of the past record of the same type of crime, attachment to search data of suspect A's original source of criminal records);

1. Relevant Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330 and 329 of the Criminal Act concerning the crime, and Article 319 (1) of the Criminal Act (a crime of larceny at night subject to aggravated punishment), and Article 319 (1) of the same Act (a crime of intrusion upon residence, or choice of imprisonment);

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

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