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(영문) 대구지방법원 2017.07.13 2017고단2370
상습특수절도
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On April 8, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended sentence in the District Court for special larceny, etc., and was sentenced to one year of imprisonment with prison labor for habitual night buildings, larceny, etc. at the Daegu District Court on February 17, 2016, and the said sentence became final and conclusive on February 25, 2016, and the said suspended sentence becomes null and void, and the execution of the said sentence was completed in the Daegu District Court on March 14, 2017.

[2] On March 29, 2017, the Defendant: (a) intruded the legal party beyond the fence of “D” located in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu; and (b) 170,000 won in cash, the ownership of the victim’s inspection, in his/her hand, destroyed and damaged the legal party; and (c) did so.

In addition, from around that time to April 2, 2017, from around 02:00 to around 02:00, the victims attempted to steal the victims' property by habitually destroying a part of the building at night, by intrusioning a structure at night, by cutting away the victims' property, by intrusion upon the structure at night, or by destroying the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of E, F, G, H, I, J, K, L, and M;

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

1. Each report on occurrence (thief) and each investigation report (a document to be accompanied by a photograph compared to the suspect at the time of committing the crime;

4.20.Attachment of CCTVs to escape;

4. Attachment of CCTV data at N convenience points during flight, reporting on the results of field identification of suspect-related pictures, etc., on site verification and attachment of photographs, on-site verification and attachment of photographs, on-site verification and telephone conversations with personnel E of O gas stations), and on-site reporting (on-site photograph of the head of a crime), 20.

1. The response to a request for appraisal, a gene appraisal report, and the result of inquiry about the DNA personal information of the detained suspect;

1. On-site photographs and photographs;

1. Previous records: Inquiry into criminal records, investigation reports (Attachment to the same type of judgment), and current status of personal confinement;

1. Habituality of judgment: Each record of crime, method of crime, frequency of crime, and the same kind of crime as indicated in the judgment;

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