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(영문) 대구지방법원 안동지원 2014.05.16 2014고단198
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On May 25, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), etc. at the Seoul Central District Court, on December 13, 2011, and six months of imprisonment with prison labor for larceny, etc. at the Dong-dong Branch of the Daegu District Court. On April 23, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor in the Daegu District Court, and completed the enforcement of the sentence on January 15, 2014.

【Criminal Facts】

1. On March 30, 2014, around 18:30, the Defendant entered the victim D’s house located in Ansan-si, Dong-si, Dong-si, and opened a gate with no intent to steal the property, and intrudes on the victim’s residence.

2. From around 11:00 on March 31, 2014 to around 13:00 on the same day, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) cut off KRW 32,00,00 in total, a total of 10,000,000 won of the market price of the victim’s possession, which was located there, after going to go to the house of the victim D located in Ansan-si C, by going to go to the locked gate and to hold a visit and intrude into a plan.

3. From March 19:00 on the same day to around 21:00 on March 31, 2014, the Defendant: (a) opened and entered a gate E with the victim F in Ansan-si from around 21:00 on the same day; (b) opened a back door; and (c) invaded into a gate and stolen the gate, which was verbally made by a female on the market price, and then ruptured into a rupture, by rupture and rupture into a rupture

Summary of Evidence

【One point in the market】

1. Defendant's legal statement;

1. A criminal investigation report (victim's hearing of oral statements) (the second point in the market);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure report (the third point at the time of sale);

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of the statutes on seizure records [before time] criminal records, etc. inquiry and investigation reports (the fact that a repeated crime is committed) shall be made;

1. Intrusion upon a residence under Article 319(1) of the Criminal Act concerning the facts constituting an offense;

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