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(영문) 대구지방법원 김천지원 2018.07.03 2018고합33
특정범죄가중처벌등에관한법률위반(절도)
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

Seized divers (No. 1) shall be confiscated.

Reasons

Criminal facts

[criminal history] On August 17, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the resident support of the Daegu District Court. On May 9, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court Kimcheon support. On July 21, 2015, in the resident support of the Daegu District Court, the Defendant was sentenced to imprisonment with prison labor for a two-year term for habitual night intrusion larceny and completed the execution of the final sentence in the Ansan District Court on June 5, 2017.

[Specific criminal facts] From around 00:00 to around 01:00 on December 26, 2017, the Defendant: (a) opened an unlocked window and intruded into a restaurant with cash of KRW 50,000,000, from around 01:0 to around 01:0; and (b) committed a theft with a total of KRW 785,00,000 on 19 occasions during the period from March 25, 2018.

As a result, the Defendant was sentenced more than two times to the crimes of Articles 329 through 331 of the Criminal Act or the attempted crimes thereof, and was again sentenced to the attempted theft or attempted theft of the victims within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (with respect to the attachment of field black boxes, video photographs and CDs, attachment of seized articles drupture and photographs, attachment of the victim's self-written and on-site photographs related to the case additionally recognized as a crime), written statement of the records of the crimes, on-site photographs, etc.;

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

1. Criminal history: A written inquiry about the previous case judgment, criminal history, etc. (A);

1. Habituality: The dampness may be recognized in light of the records of each of the above crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind;

The laws and regulations;

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