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(영문) 대전지방법원 2020.04.02 2020고단330
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 31, 2012, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daejeon District Court on August 28, 2015, and was sentenced to eight months of imprisonment for habitual larceny in the same court on August 28, 2015; on April 5, 2016, the same court sentenced eight months of imprisonment for larceny, etc.; on March 16, 2017, the same court sentenced three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the said sentence on December 22, 2019.

【Criminal Facts】

1. On December 30, 2019, around 09:40 on December 30, 2019, the Defendant opened a front door that was parked by the victim C, without correction of the DUV vehicle parked by the victim C, and stolen the said vehicle with the cash of KRW 80,000,000, which was located in the DUV vehicle.

2. On January 3, 2020, the Defendant opened a steering door that was parked by the victim F and was parked by the victim F and stolen with cash amounting to KRW 500,000, and tobacco amounting to KRW 27,000 in the market price, which was the victim’s cash owned by the victim at the above vehicle Contacts, around 11:31, 200, and around 27,000.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, has stolen the victims' property again.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of C and F;

1. Records of seizure and photographs of seized articles;

1. On-site photographs, CCTV images taken on December 30, 2019, CCTV images taken on January 3, 2020, CCTV photographs taken on December 29, 201, photographs taken on December 29, 201 as at the time of detention of the suspect, photographs of the increased body at the time of the crime on December 30, 2019, and photographs taken on January 3, 2020 at the time of the crime;

1. Report on internal investigation (including statement, etc. of the victim), report on internal investigation (related to CCTV in the field), report on internal investigation (related to identity of the suspect), investigation report (related to identity of the suspect), investigation report (verification of the amount of counter damage to the victim C), investigation report (verification of the amount of counter damage to the victim);

1. Previous records of judgment: Court records, criminal records, etc.; and

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