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(영문) 대구지방법원 서부지원 2018.06.27 2018고단1195
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On August 30, 1995, the Defendant was sentenced to five years of imprisonment for the crime of larceny, larceny, robbery, and robbery at night at the Daegu High Court, and on May 2, 2002, the Daegu District Court sentenced the Defendant to three years of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on May 2, 2002. On January 15, 2016, the Defendant was sentenced to one year and four months of imprisonment for habitual special larceny at the Daegu District Court on January 15, 2016, and completed the execution of the sentence at the Daegu Detention District Court on February 15, 2017.

[2] On April 21, 2018, the Defendant: (a) went to the victim D house located in Daegu-gu Seo-gu, Daegu-gu, and went to the rooftop of the above building; (b) cut off the door door of the victim’s house which was previously held to the second floor; (c) cut off the door to the second floor through the window; and (d) removed the shock network installed on the victim’s window at the victim’s house located in the second floor of the building; and (c) intruded into a small room through the unrecepted window. On the other hand, the Defendant continued entering the room through the ward, and kept precious metal located next to the cremation, the Defendant continued to go to the room with the net amount of KRW 6,250,00 won at the market price (24K) 250,000,000 won at the rate of KRW 500,000,000,000,000 won at the market price (241,251,00,00.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographss, such as a photograph of each on-site, CCTV image photograph, damaged article, etc.;

1. Police seizure records and list of seizure;

1. Previous convictions in judgment: References to inquiries, such as criminal history, written judgments, and application of statutes on personal confinement;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed;

1. The defendant, on the grounds of sentencing of Articles 35 and 42 of the Criminal Act for aggravated repeated crimes, has a record of criminal punishment due to larceny, etc. over several times.

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