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(영문) 대구지방법원 2020.02.05 2019고단5150
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

One set of 2,00,00 square meters (No. 3) and handlights, which have been seized by the defendant.

Reasons

Punishment of the crime

On March 24, 2005, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. on April 14, 201; six months from imprisonment with prison labor for larceny, etc. on July 13, 2012; one year and six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) on July 13, 2012; six months from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes; and six months from December 17, 2015; on January 13, 2017; and completed the execution of the sentence in a prison on April 27, 2018.

At around 20:00 on July 20, 2019, the Defendant: (a) opened a bend window from the victim D’s house located in the Daegu Suwon-gu B Building C to enter and depart from the inner bank; and (b) attempted to steal or steal the total market price of KRW 6,783,000,000, total market price of the victims owned by the victims from September 23, 2019, including 1,500,000, and 1,500,000,000,000 won in cash owned by the victims located in the cremation-gu B building in the cremation-gu.

Accordingly, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and larceny during the period of repeated crime is committed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of E, F, G, H, I, J, K, D, and L;

1. A report on the results of field identification;

1. Statement of police seizure;

1. Each photograph: The images of “CCTV images to be taken”, “scambling implements and damaged goods, etc.”, and “case site, etc.” respectively;

1. Previous records of judgment: Criminal records, police investigation reports (verification of the fact of crime during the period of repeated crime of a suspect), and application of Acts and subordinate statutes to the prosecution investigation reports (verification of the same criminal records as the suspect);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330 and 342 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Confiscation.

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