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(영문) 대전지방법원 2020.03.18 2020고단458
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On August 17, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for night buildings, intrusions, larceny, etc. at the Daejeon District Court, and on August 20, 2018, the same court sentenced one year of imprisonment with prison labor for a special larceny crime. On December 20 of the same year, the same court sentenced six months of imprisonment with prison labor for a special larceny, and on December 17, 2019, the execution of the said final sentence was terminated in the Daejeon Prison.

【Criminal Facts】

피고인은 2020. 1. 4. 01:27경부터 같은 날 01:33경 사이에, 대전 서구 B 건물 1층에 있는 피해자 C 운영의 D 식당에 이르러, 출입문 열쇠 구멍에 미리 준비한 가위의 뾰족한 부분을 넣고 돌려서 시정장치를 파손한 후 식당에 침입하여 재물을 절취하려고 하였으나, 출입문이 열리지 않아 미수에 그친 것을 비롯하여 별지 범죄일람표와 같이 2020. 1. 20.경까지 총 11회에 걸쳐 4,931,400원 상당의 재물을 절취하고, 총 4회에 걸쳐 재물을 절취하려다가 미수에 그쳤다.

Accordingly, even though the defendant was sentenced to imprisonment not less than three times due to larceny, he/she again committed night structure intrusion larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. A report on the results of field identification;

1. Reports on the occurrence of each thief, reports on the occurrence of a thief, reports on the occurrence of a thief, reports on the occurrence of a thief, reports on the occurrence of a thief, reports on the occurrence of a thief, and reports on the occurrence of a th

1. On-site investigation reports (in-house CCTV confirmations), investigation reports (in-house investigation into attaching CCTV images installed inside aS), investigation reports (in-house investigation into attaching CCTV images), investigation reports (in-house investigation into attaching CCTV images installed inside a Kapet), investigation reports (in-house investigation into attaching CCTV images installed inside aU), investigation reports (in-house investigation into calculating the amount of damage inflicted on the body of computers), investigation reports (in-house investigation into calculating the amount of damage inflicted on the body of computers), criminal investigation reports (in-house CCTV copies of crimes committed by suspects), and criminal investigation reports by suspects;

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