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(영문) 대구지방법원 김천지원 2018.10.10 2018고단950
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 26, 2006, the Defendant was sentenced to imprisonment with prison labor for a maximum of 8 months, short of 6 months, and October 1, 2008 at the Incheon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 25, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of larceny at night at the Daegu District Court 8 months, January 2, 2014, with prison labor for a crime of larceny at the Daegu District Court 8 months, and December 22, 2016, and completed the execution of the final sentence on April 15, 2018.

On August 21, 2018, the Defendant, at around 02:49 on August 21, 2018, opened a cresh of the building and opened a 2nd floor up with a cresh of the outer wall of the building and opened a cresh of the building, and intruded into the “D office” office on the 2nd floor of the building, with a 700,000 won of the market price owned by the victim E.

At around 04:22 on the same day, the Defendant continued to commit the crime and opened a door to the office, and intruded with the said office, the Defendant was cut off with one monitor with a total of KRW 1 million at the market price of the said victim, and one cell phone with a total of KRW 500,000,000 at the market price of the victim F, and one mobile phone with a total of KRW 60,000,000 at the market price of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Police seizure records;

1. On-site photographs and CCTV photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to confirmation of criminal history of the same kind, and personal confinement status);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, and the choice of imprisonment with prison labor for the crime as prescribed in each of the pertinent Articles of the Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, and the proviso of Article 42 of the Act on the Aggravation of Concurrent Crimes

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