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(영문) 대전지방법원 홍성지원 2018.10.01 2018고단508
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for the same crime at the Daejeon District Court’s official branch on August 12, 2009, for one year and six months, for the same crime at the Daejeon High Court on April 18, 2012, and two years for the same crime at the same court on May 1, 2015. On September 28, 2017, the Defendant was sentenced to one year for imprisonment with prison labor for the same crime at the same court on May 22, 2018, and completed the execution of the sentence at the official prison on May 22, 2018.

【On June 9, 2018, the Defendant: (a) from around 13:55 on June 13:15, 2018 to around 14:15 on the same day, at the victim C’s house located in Boan-si, the Defendant opened the entrance door to the entrance that was not locked for the purpose of stealing money and valuables; (b) removed the sum of KRW 1,100,000 of the cash owned by the victim from the wall located in the fore part of the west located in the fore part of the victim’s house; and (c) cut off KRW 10,000,000 of the face value of the victim’s house owned by the front door of the entrance; and (d) cut off with approximately 100,000,000 of the cash stored on the fore part of the fore part of the fore part of the victim’s house.

As a result, the defendant intrudes upon the victim's residence and has been sentenced to imprisonment more than three times due to larceny, etc., but larceny is again committed during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A report on the results of field identification;

1. A fire-proof report (Attachment to surrounding CCTV data), and photographs by capturing CCTV images;

1. Details of the investigation report (the volume of personal use and the suspect), number CCTV photographs, and the specifications of the next-class inquiry;

1. Differenced photographs of the time difference in field CCTVs;

1. Photographs taken of the victim's brightness, etc.;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), a copy of each written judgment, and investigation report (verification of the fact of crime during the period of suspect A repeated offense);

1. Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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