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(영문) 대구지방법원 안동지원 2018.02.22 2017고합54
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On July 16, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual larceny at the Gwangju District Court, and on April 29, 2016, the Defendant was sentenced to one year and eight months of imprisonment with prison labor for habitual larceny at the Changwon District Court’s branch, and on August 10, 2017, completed the execution of the sentence at the Gyeongwon vocational training prison.

[2] On August 30, 2017, around 15:50 on August 30, 2017, inasmuch as the Defendant: (a) committed a theft of Samsung Northernbuk-do, the market price of which is equivalent to KRW 2,100,00,000 in the market price of other victim’s ownership; and (b) committed a theft of property worth KRW 13,939,000, total market price of eight times in total, as indicated in the list of crimes in the attached Table, from October 12, 2017.

As a result, the defendant was habitually sentenced to larceny at least twice, and again stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A written statement of each victim of D, H, I, J, K, L, or M;

1. Each investigation report (Attachment, such as a business registration certificate and quotation attached / O / a written estimate of Nowon-gu, etc. / Attachment of a field photograph and CCTV image to the site photograph / Business registration certificate and quotation / Attachment of damaged articles / Field photograph / Attachment of a field photograph and a photograph of the same product / Attachment of a copy CCTV image and a photograph of the same product / P store, price of the same product Pamper, / Q occupancy-out photo, the same model and price photograph attached);

1. Each internal investigation report (the victim's counter-investigation / the verification of CCTV at the scene of damage / the field management / the analysis of ct video images);

1. Written estimate, each business registration certificate, and certificate of employment;

1. Images of a photograph by capturing a video and/or by cutting down each CCTV course;

1. A previous conviction: A reply to inquiry, such as criminal history, investigation report (the period of repeated crime and confirmation of the same criminal record);

1. Habituality of judgment: dampness in light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner; and

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