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(영문) 대구지방법원 김천지원 2020.04.28 2020고단270
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

The seized evidence No. 3 through 6 shall be returned to the person who has lost the name of the injured party.

Reasons

Punishment of the crime

[Criminal Justice] On December 5, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on May 22, 2015 during the execution of the sentence, and the period of parole was expired on July 2, 2015. On May 26, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Incheon District Court on April 5, 2017, and the execution of the sentence is completed in the Ansan Prison on April 5, 2017. On October 26, 2017, the Defendant was sentenced to one year and two months of imprisonment with prison labor in the same court on September 9, 2018.

【Criminal Facts】

1. From around 13:00 to around 18:00 on September 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) invaded into the first floor of the house located in the victim C (the age of 45) located in the Gu and the first floor, which was not corrected, and brought about property worth approximately KRW 30,000 of the market price, including two panty panty of the victim, two brogate 2, and two brogate 2, etc., and stolen it from around that time, until February 10, 2020, the Defendant attempted to steals property worth KRW 50,000 in total eight times in total, and attempted to steal five times from that time.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc. and again committed the crime within the period of repeated crime.

2. The Defendant intrusiond the victims’ residence on six occasions in total, including the following: (a) from around the time, at the same time and place as Paragraph (1) of this Article, the Defendant invadedd the victims’ dwelling, as indicated in Nos. 1, 2, 8, 11, 12, and 13 of the List of Crimes from around February 10, 202 to around February 10.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each statement of C, E, F, and G;

1.A report on the occurrence of an investigation (for the statements of the victim and CCTV images), a criminal investigation report (Attachment to the CCTV shots) and an investigation report (Attachment to the CCTV-cap data on additional damage);

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