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(영문) 창원지방법원 마산지원 2016.05.31 2016고단282
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

One light (Evidence No. 6) of seized handets (Evidence No. 6) and one even (Evidence No. 7) of the wall shall be confiscated.

Reasons

Punishment of the crime

On January 18, 2008, the Defendant was sentenced to three years of imprisonment for attempted larceny, etc. in the Changwon District Court Jinju Branch, and was sentenced to four months of imprisonment for the attempted larceny at night in the Changwon District Court on July 2, 2014, and on April 15, 2015, the Defendant was sentenced to ten months of imprisonment for the attempted larceny at night, and was sentenced to ten months of imprisonment for the attempted larceny at night, and on December 24, 2015, the Defendant was sentenced to three or more times of imprisonment for the larceny crime or the attempted larceny.

On April 3, 2016, at around 01:28, the Defendant: (a) was at the victim D’s house located in Gyeongnam-gun, Gyeongnam-gun; (b) placed the victim at the front door, leaving the door in the front door and colors the property to be stolen after opening the door into the inner door; (c) there was no stolen property; (d) but the Defendant did not commit an attempted crime by an ombudsman out of the front door.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and again committed these crimes during the period of repeated crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning each prosecutor's office or the police interrogation of the accused;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Attachment of F CCTV suspect's photograph), investigation report (Attachment of CCTV data in victim D), investigation report (restricted of CCTV moving from the victim's vehicle), investigation report (Comparison and analysis of CCTV data and actual photograph of the suspect);

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (verification of the same criminal history and repeated crime) (the defendant and his/her defense counsel does not intentionally intrude into the house of the thief;

However, the following circumstances that can be recognized by the above evidence, namely, ① the Defendant putting the wall on hand with a pipe, and infringed upon the victim, ② the Defendant went to the victim’s house corridor due to hand transfer, etc., when considering the fact that the Defendant came to the victim’s house, and then came to the victim’s house corridor, and the front of the victim’s house door.

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