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(영문) 전주지방법원 2018.10.19 2018고합130
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

The rejection of seizure is one (No. 1) and one (No. 2) (No. 1).

Reasons

Punishment of the crime

[criminal record] On July 16, 2015, the Defendant was sentenced to three years of imprisonment with prison labor due to habitual larceny, etc. in the Youngju District Court’s Young-dong branch, and completed the execution of the sentence on October 25, 2015, and the criminal records in the indictment had been omitted in the column of the crime records. However, the Defendant added it ex officio by referring to the inquiry letter, such as criminal records, investigation report (a), and personal acceptance status;

On May 10, 2016, the Daejeon District Court was sentenced to two years of imprisonment for habitual larceny, and the execution of the sentence was completed in the Ansan prison on March 22, 2018.

[2] On May 9, 2018, the Defendant shall collect KRW 10,00,00,00 in cash and KRW 1,50,00,00,00 from the victim C’s residence located in Yasan-si B, and entered the house through a benda door, which was opened in the victim C’s residence at around 14:30 on May 9, 2018.

In addition, from April 15, 2018 to June 13, 2018, the victims were habitually stolen, or attempted to steals the objects owned by the victims from April 15, 2018 to June 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each statement of F, G, H, I, and C (Simplified);

1. Each statement of J, K, and L;

1. Each statement of M, N,O, P, Q, R, S, and T;

1. As to the report on seizure, each protocol of seizure (voluntary submission), each list of seizure, reports on results of field identification, appraisal (written results of search), requests for appraisal at the scene of the crime, replies to fingerprint assessment at the scene of the crime (2018-8924), statements of seizure, results of adequate appraisal at the scene of the crime;

1. On-site photographs, photographs, and communications details, each vehicle rental contract, on-site photographs, and file reports;

1. Each report on occurrence (thief), each report on internal investigation (as evidence Nos. 7, 9 through 11, 13, 15, 44, 45) and each report on investigation (as evidence No. 12687 of 2018, No. 6, 18, 20, 22, 23, 25, 31, 32, 32;

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