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(영문) 대구지방법원 2019.09.19 2019고단3000
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 or 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On July 3, 2014, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusions, larceny, etc. at the Daegu District Court; on June 18, 2015, the same court was sentenced to imprisonment with prison labor for larceny, etc.; on April 14, 2017, the Defendant completed the execution of the sentence at the Daegu Detention House on January 11, 2019, by being sentenced to two years of imprisonment with prison labor for habitual night buildings, intrusions, larceny, etc. at the same court.

【Criminal Facts】

1. On May 1, 2019, at around 02:00, the Defendant: (a) placed in the entrance entrance of the victim C in Daegu Jung-gu, Daegu-gu; (b) opened several doors; and (c) opened several doors; and (d) placed one of the two keys in the market price at the display site after entering the entrance into the entrance; and (d) cut off and stolen, one of the two keys on the 1st, 1st, and 1st, 1st, and 1st, both of which were in the market price at the display site; and (e) invaded the structure managed by the victims at night during six times from that time until May 17, 2019, the Defendant attempted to steals the victims’ property or stolen money and valuables, but there was no money and valuables that could be stolen.

2. On May 20, 2019, around 01:05, the Defendant: (a) came to a garment store operated by the victim E in Daegu-gu, Daegu-gu; (b) removed the entrance locking system of the entrance, which the victim had been in possession of the accumulated gap after completing his/her business; and (c) brought 10,000 won in cash within the gallon-type S8 mobile phone-type one unit and its place of receipt and disbursement, when the victim’s market price is 200,000 won.

3. On May 20, 2019, the Defendant sought to steal property by entering the store as described in paragraph (1) in Daegu-gu G and I clothes operated by the victim H around Daegu-gu, and around 01:24, but did not have to open the entrance and exit so that the Defendant could not bring about a theft of property.

Accordingly, the defendant has committed the crime again during the period of repeated crime against a person who has been sentenced to imprisonment not less than three times due to larceny.

Summary of Evidence

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