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(영문) 대구지방법원 2015.03.19 2015고단643
상습특수절도
Text

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

One (No. 1) and one white package (No. 2) shall be confiscated after subtracting seized wastes.

Reasons

Punishment of the crime

On March 21, 2007, the Defendant was sentenced to imprisonment for one year and ten months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon Branch, and on July 1, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court on July 1, 2010 and completed the execution of the sentence on May 25, 2012, and was five times of criminal records for larceny.

On January 10, 2015, at around 02:26, the Defendant habitually cut off and damaged the lock lock-down system of the entrance entrance of the pertinent private teaching institute as a gate prepared in front of the private teaching institute operated by the victim D, and then intruded into the office of the said private teaching institute. The Defendant habitually stolen or attempted to steals another person’s property at a total of 6.4 million won from May 20, 2014 to January 12, 2015, including one computer with a market price of at least 70,000 won owned by the victim at the same time, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of D, G, H, I, J, K, L, M and N;

1. Police seizure records;

1. Each report, each investigation report, and each internal investigation report;

1. On-site photographs, CCTV photographs, photographs of the place where the crime was committed in the Gu/Si/Gun area, and on-site photographs;

1. Previous records: Criminal records and investigation reports (Attachment of current status of investigation and confinement of a suspect, previous records of the suspect's criminal records and written judgments, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. In cases where the crimes of special larceny, night building intrusion theft, theft, attempted larceny, etc. are habitually repeated based on the habit of larceny under Articles 332, 329, 330, 331(1), and 342 (General Provisions) of the Criminal Act regarding criminal facts, the relevant criminal facts include the rest of habitual special larceny, the statutory penalty of which is the largest, and include the same.

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